- (1.) Heard learned Counsel for the petitioner, Sri S.K. Pal for the respondent No. 5 and learned Standing Counsel for the respondent Nos. 1 to 4. The elections of the Committee of Management of Ballabh Bhai Patel Inter College, Chunar, Mirzapur, were to be held and the election programme was announced by the Election Officer on 11.8.2012. The respondent No. 5 at that stage filed Civil Misc. Writ Petition No. 46233 of 2012 praying that the elections are going to be held without finalisation of the electoral College. The said writ petition was dismissed as premature leaving it open to the said respondent to raise objections as and when the occasion arises. The judgment of the Court dated 12.9.2012 is quoted hereunder: Heard learned Counsel for the petitioner. The petitioner has unnecessarily rushed up to this Court challenging the election programme under the apprehension that the elections are going to be held without finalization of the electoral College. I have perused the election programme dated 11.8.2012; copy whereof has been filed as Annexure-8 to the writ petition. Photostat copy of the same clearly indicates that the list of Members shall be pasted on the notice Board on 16.9.2012. Item No. 2 in the newspaper Notification is of nomination which is to take place on 23.9.2012 after finalization of nomination. There is, therefore, a gap of one week between the date of publication of membership list and the nomination. The apprehension in the mind of the petitioner, therefore, is premature at this stage and it is open to him to raise any objection to the membership as and when the occasion arises. I am not inclined to interfere with the process of election at this stage. The writ petition is dismissed.
(2.) The elections were being proceeded with and it appears that this information was given by the petitioner to the Sub-Divisional Magistrate, Chunar, Mirzapur, through an application. The said authority on 13.9.2012 passed an order that the elections should be held from amongst the old list or else the election be stayed. It is this order which has been challenged contending that the order is without jurisdiction.
(3.) Sri Pal, learned Counsel for the contesting respondents, has very fairly stated that this order is indefensible in law. The learned Standing Counsel has not taken any different stand. The order dated 13.9.2012 is absolutely without jurisdiction as it interferes with the election process that too by the Sub-Divisional Magistrate, who has no authority to pass such orders with regard to the elections of the Management or an Inter College. The writ petition is allowed. The order dated 13.9.2012 is hereby quashed.;