JUDGEMENT
Vineet Saran, J. -
(1.) These are two writ petitions relating to the dispute with regard to the Committee of Management of Rajasthan Inter College, Mirzapur. Writ Petition No. 2673 of 2004 has been filed by the Committee of Management of the said college with Sri Prafulla Kumar Singhania as Manager with the following prayers :
"(a) to issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere in the election process which is scheduled to be held on 1st February, 2004 ; (b) issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere in the functioning of petitioner No. 2 as Manager to the Institution, namely, Rajasthan Inter College, Mirzapur. (c) issue a writ, order or direction of a suitable nature which this Hon'ble Court may deem Just, fit and proper in the circumstances of the case to meet the ends of justice between the parties ; (d) award the cost of the instant writ petition to the petitioner."
(2.) Writ Petition No. 3231 of 2004 has been filed by the Committee of Management of the College through its President Sri Om Prakash Singhania and also Sri Neeraj Newatia as Manager with the following prayers :
"(a) issue a writ, order or direction in the nature of mandamus directing the respondent to not create any obstruction/ disturbance in the peaceful holding of the election of the Committee of Management of Rajasthan Inter College, Mirzapur as per schedule according to which the election is fixed to be held ;
(b) issue a writ, order or direction in the nature of mandamus restraining the District Inspector of Schools, Mirzapur from providing undue and unnecessary favour of respondent No. 4 by misusing his post and position in any manner;
(c) to issue a writ, order or direction in the nature of mandamus restraining the District Inspector of Schools, Mirzapur from providing any kind of facility in any manner to respondent No, 4 to show any forged election which Js shown to be held on 1.2.2004 to restrain the respondent No. 4 from holding any election in the name of Committee of Management, Rajasthan Inter College, Mirzapur by showing himself to be manager of the Committee of Management, Rajasthan Inter College, Mirzapur ;
(d) to issue such other and further orders which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case ; (e) to award the cost of petition in favour of the petitioners."
(3.) Since both the writ petitions relate to the same cause of action, they have been heard together and are being disposed of by a common judgment.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.