SUNDER SINGH Vs. STATE OF U.P.
LAWS(ALL)-2013-2-232
HIGH COURT OF ALLAHABAD
Decided on February 12,2013

SUNDER SINGH Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

- (1.) Petitioner before this Court seeks quashing of the order of the Regional Level Committee dated 8.1.2013 whereby it has proceeded to approve the elections of the Committee of Management held on 26.2.2011. Facts in short leading to the present petition are as follows: Elections of the Committee of Management of Sarvodaya Shiksha Prasar Samiti. Dilari, District Moradabad. which is an aided and recognized Intermediate College. were due in the year 2011. The petitioner approached this Court by means of Civil Misc. Writ Petition No. 6083 of 2011 raising a grievance that the respondent authorities are proceeding to hold fresh elections without finalizing the electoral college. The writ petition was disposed of vide order dated 4.2.2011 permitting the petitioner to represent his grievance before the Regional Joint Director of Education. Accordingly, the petitioner filed objections and the Regional Joint Director of Education required the District Inspector of Schools to get the elections held.
(2.) In the said elections, which took place on 26.2.2011, the petitioner also participated and contested the elections for the office of member of the Committee of Management but lost. The petitioner raised his objections with regard to the inclusion of 25 members in the electoral college and accordingly challenged the elections resulting in an order of the Regional Level Committee dated 2.8.2011 whereby the elections were disapproved on the ground that no material could be produced for establishing the legality or otherwise of inclusion of 25 members who were permitted to participate in the elections. Other grounds were also mentioned in support of the order including the ground that the list of members of the general body had not been published 11 months prior to the elections.
(3.) This order of the Regional Level Committee was challenged by the elected office bearers by means of Civil Misc. Writ Petition No. 52463 of 2011. The writ petition was allowed vide judgment and order dated 9.11.2011. The order of the Regional Level Committee was set aside. The Regional Level Committee was directed to examine the legality of the elections so held. It was specifically observed that the Regional Level Committee shall record its specific findings on three issues as noticed in the order of the High Court.;


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