DILIP GUPTA, J. - (1.) THE petitioners seek the quashing of the order dated 3rd November, 2008 passed by the District Inspector of Schools by which the objections raised by the petitioners to the voters list have been decided.
(2.) EARLIER the petitioners had approached this Court and ultimately in Special Appeal No. 1284 of 2008 the order passed by the District Inspector of Schools was set aside as the objections filed by the petitioners who were the appellants were not considered by him. The operative part of the order is quoted below:- "In the result, this appeal succeeds and is allowed. The judgment and order dated 18.9.2008 passed by the learned Single Judge is set aside. The order dated 10.9.2008 passed by the District Inspector of Schools, Kanpur Nagar directing the respondents to hold elections on the basis of list of 126 members is quashed. The District Inspector of Schools, Kanpur Nagar is directed to decide the question of validity of voter list after considering the objections of the writ petitioners, in accordance with law, within a period of one month from the date of production of a certified copy of this order before him, after giving opportunity of hearing to the writ petitioners as well as any other concerned person who want hearing before the District Inspector of Schools. Thereafter the District Inspector of Schools, Kanpur Nagar shall issue a fresh programme for holding the elections of the committee of management." Sri Ashok Khare, learned Senior Counsel for the petitioners has submitted that the impugned order does not give any reason as to why the objections raised against three members have been rejected. In this connection he has also placed before the Court the objections filed by the petitioners. A perusal of the impugned order indicates that the District Inspector of Schools has merely mentioned that the resolution expelling them from membership was not in accordance with the procedure prescribed. The District Inspector of Schools has not dealt with each case separately and nor has he mentioned what was that procedure that was not followed. Sri A.K. Mishra learned counsel appearing for respondent Nos. 5 to 7, however, submitted that there is no infirmity in the impugned order as the said three members had been expelled without following the procedure prescribed by law. Learned Standing Counsel has also supported the order. As noticed hereinabove, this Court had earlier directed the District Inspector of Schools to decide the question of validity of voter list after considering the objections of the petitioners in accordance with law after giving opportunity of hearing to the petitioner as well as any other concerned person who wanted hearing before the District Inspector of Schools. The order passed by the District Inspector of Schools is a cryptic order and does not give specific reasons for rejecting the objections and only a general statement has been made that the resolution expelling them were not in accordance with law.
(3.) THE order dated 3rd November, 2008 cannot, therefore, be sustained. It is, accordingly, set aside. However, the District Inspector of Schools shall now pass a fresh reasoned order for deciding the question of validity of voters list in the light of the observations made in the earlier judgment and order dated 26th September, 2008 passed in Special Appeal No. 1284 of 2008. This exercise shall be undertaken by him within a period of three weeks from the date a certified copy of the order is produced by either of the parties before the District Inspector of Schools. Needless to say the District Inspector of Schools shall also hear respondent Nos. 5, 6 and 7.;