BRIJ NANDAN DEEN DAYAL INTER COLLEGE Vs. STATE OF U P
LAWS(ALL)-2009-5-246
HIGH COURT OF ALLAHABAD
Decided on May 25,2009

C/M BRIJ NANDAN DEEN DAYAL INTER COLLEGE Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

S.P.Mehrotra, J. - (1.) SUPPLEMENTARY affidavit has been filed today on behalf of the petitioners. It is submitted by Sri Irshad Ali, learned counsel for the petitioners that the persons who were permitted to participate in the election to be held on 15.10.1995 by the Interim Order dated 26.9.1995 passed in Civil Misc. Writ Petition No. 27522 of 1995, ceased to have any such right in view of the dismissal of the said Writ Petition for want of prosecution by the Order dated 22.4.2008. It is further submitted that the said Interim Order was confined only to the election to be held on 15.10.1995, and no benefit could be taken on the basis of the said Interim Order in regard to the election held on 21.11.2006. Sri Prabhakar Awasthi, learned counsel for the respondent no. 7 submits that, as the election was held on 21.11.2006 when the said Interim Order dated 26.9.1995 was still operative, the persons mentioned in the said Interim Order were entitled to participate in the election held on 21.11.2006. It is submitted that subsequent dismissal of the Writ Petition was not material in such circumstances. In view of the submissions made by the learned counsel for the parties, I am of the opinion that the matter requires consideration. Learned Standing Counsel appearing for the respondent nos. 1 to 4 and Sri Prabhakar Awasthi, learned counsel for the respondent no. 7, pray for and are granted four weeks' time for filing counter affidavit. Rejoinder affidavit may be filed by the next date fixed in the matter. Notices will be issued to respondent nos. 5 and 6, fixing 28th July 2009 for which requisite steps will be taken within a week. Heard on the question of grant of interim relief. Having regard to the facts and circumstances of the case, and having considered the submissions made by the learned counsel for the parties, it is provided that the Interim Order dated 7.5.2009 will continue to remain operative till the next date of listing. List on 28th July 2009. The case is released from assignment. It will not be treated as tied-up or part-heard with me, and will be listed before the appropriate Bench.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.