ADARSH INTER COLLEGE SARAI AKIL Vs. STATE OF U P
LAWS(ALL)-2009-6-110
HIGH COURT OF ALLAHABAD
Decided on June 02,2009

C/M ADARSH INTER COLLEGE, SARAI AKIL Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Arun Tandon, J. - (1.) THIS writ petition has been filed against the order of the Joint Director of Education dated 28.05.2009 whereby he has directed that fresh elections of the Committee of Management of Adarsh Inter College, Sarai Akil, Kaushambi be held by the Prabandh Sanchalak and such elections shall be subject to the orders to be passed in Writ Petition No. 62855 of 2009 and Contempt Petition No. 1586 of 2009. On behalf of the writ petitioner it is contended that in the endorsement at item no. 2 of the letter it has been mentioned that the elections are to take place from 71 members of the general body as have been determined by the Pargana Adhikari, Kaushambi. Counsel for the petitioner submits that such endorsement is wholly without jurisdiction inasmuch as before finalization of an electoral college it is necessary that objection should be invited and decided. The Joint Director of Education or the Assistant Registrar have no power either under the Intermediate Education Act or under the Societies Registration Act to either approve the list of general body members or to finalize the same. At this stage counsel for the respondent submits that the elections have already taken place on 31.05.2009 and the papers have been transmitted to the Regional Level Committee. Under the Government Order dated 19.12.2000 elections of Committee of Management of a recognized Intermediate College cannot take effect unless they are approved by the Regional Level Committee. In view of the aforesaid the present writ petition is disposed of by providing that the petitioner may raise all his objections with regards to the elections held as per the order of the Deputy Director of Education before the Regional Level Committee. Such objections may be filed within two weeks from today along with a certified copy of this order. The elected office bearers will have two weeks, thereafter to file reply to the said objections. The Regional Level Committee while examining the legality of the elections held shall pass a reasoned speaking order having due regard to the objections raised by the present writ petitioner as well as the reply submitted by the elected office bearers, within four weeks thereafter.;


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