- (1.) HEARD Sri H.N. Singh, counsel for the appellant and Sri G.K. Singh appearing for the respondents and perused the record.
(2.) APPELLANT -Virendra Shahi, has filed the present special appeal against judgment and order dated 4.12.2014 passed in writ petition No. 27110 of 2009, C/M Rastriya Kanya Inter College Vs. State of U.P. and others, by which the writ Court has allowed the aforesaid writ petition filed by respondent herein.
(3.) BRIEFLY stated facts of the case are that order dated 27.11.1999 of the Joint Director of Education directing holding of fresh elections, had been challenged in writ petition No. 53973 of 1999, wherein an interim order was granted by the court that result of elections shall not be given effect to. The interim order so granted continued till 14.11.2007 when the writ petition aforesaid was disposed of with direction to the DIOS to take further action in accordance with law and that if any of the party is aggrieved they may approach the civil court for resolving the dispute of election or membership and the interim order was vacated. Thereafter, the District Inspector of Schools passed an order dated 7.2.2008 for holding fresh elections on the basis of list of members certified by Regional Inspector of girls' School on 2.7.1984. Accordingly, elections were held on 1.3.2008 and writ petition no. 22058 of 2008 was preferred by the present appellant challenging the aforesaid election proceedings dated 1.3.2008. This writ petition was dismissed on 1.5.2008, holding that in the absence of a challenge to the order dated 7.2.2008 of the DIOS directing holding of election, consequential elections could not be allowed to be questioned. Against the judgment and order dated 1.5.2008, special appeal no. 69 of 2008 preferred by the appellant was also dismissed as not pressed on 1.7.2008, with the following order : "Sri A.B. Singh, learned counsel for the appellants prays that the appellants may be permitted to withdraw the appeal so that they may raise objection before the Regional Level Committee who is to decide the matter as per observation of the learned Single Judge. The prayer made is allowed. The appeal is dismissed as not pressed." It appears that Regional Level Committee thereafter examined the validity of the elections dated 1.3.2008 and disapproved the elections vide order dated 14.5.2009, directing to get fresh elections conducted after obtaining list of members from the Assistant Registrar. It is the order dated 14.5.2009 which was challenged in writ petition no. 27110 of 2009 which has been allowed by judgment and order dated 4.12.2014 impugned in the present special appeal.;