SHAILENDRA KUMAR GUPTA Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2015-7-88
HIGH COURT OF ALLAHABAD
Decided on July 29,2015

SHAILENDRA KUMAR GUPTA Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

- (1.) This petition assails the validity of an order dated 17 April, 2015 in terms of which the Regional Level Committee has accorded recognition to the elections held for constitution of the Committee of Management of an institution known as Shri Fatehchandra Smarak Uchchatar Madhyamik Vidyalaya, Udanpur, Jalaun. The recognition to the said elections held on 11 January, 2015 came to be accorded by the Regional Level Committee overruling the report and objections conveyed by the District Inspector of Schools by his communication of 27 January, 2015. This petition was preferred consequent to the nomination of the petitioner being rejected and he being therefore prevented from participating in the election for the post of Manager.
(2.) The facts of the case are really not in dispute. However, it would be apposite to notice the following events leading up to the holding of the elections in question.
(3.) The last undisputed elections for the constitution of the Committee of Management are stated to have been held in 2010. Consequent to the term of the said Committee coming to an end the District Inspector of Schools accorded approval for the holding of elections by the Committee of Management by his order of 21 November, 2014. By this very order, the District Inspector of Schools appointed an Observer and one Mr. Girija Dutta Tripathi, a retired principal of an Intermediate College, to act as the Election Officer. The election programme was published in the newspaper on 27 & 29 November, 2014. As per the programme published the elections were to be held on 11 January, 2015. All nominations were to be filed between 10:00 A.M. to 12:00 P.M. on the same date, examined, withdrawals permitted and voting to take place thereafter.;


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