C/M Patronage Inst. Of Prof. … vs State Of U.P. And Others on 18 June, 2010

Court No. - 10

Case :- WRIT - C No. - 35808 of 2010

Petitioner :- C/M Patronage Inst. Of Prof. Studies And Another
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Nandit Srivastava,Uma Nath Pandey
Respondent Counsel :- C.S.C.,Anurag Khanna

Hon'ble Rakesh Sharma,J.

Supplementary affidavit filed today is taken on record.

Learned Standing Counsel has accepted notice on behalf of respondent nos.1
& 3. Sri Anurag Khanna represents respondent nos. 2 and 4.

Issue notice to respondent nos. 5 and 6.

Let counter affidavit be filed within six weeks to which rejoinder affidavit, if
any, be filed within four weeks’ next thereafter.

List in the second week of September, 2010.

The grievance of the petitioner is that vide an order dated 12.4.2010,
Authorised Controller has been appointed to hold election of the Committee
of Management within two months. It is also borne out of record that as per
the report of the Sub Divisional Magistrate, dated 15.10.2009, submitted to
the Divisional Commissioner, Dr. Rakesh Varma the petitioner no.2, is in
possession. Yet another report was submitted by the Superintendent of Police,
Rural, Gautam Buddh Nagar on 21.5.2009 indicating therein that the
petitioner no.2 is in effective control and possession over the Institution.

In view of above, what is required is holding of election. However, in the
interest of justice, the operation and execution of the orders dated 22.4.2010,
5.5.2010/11.6.2010, passed by the respondent no.4 (Annexures 1 and 2 to the
writ petition) shall remain stayed and no hindrance shall be caused by any one
in administrative and financial affairs of the petitioners. It is expected from
the Vice Chancellor to appoint some Academician as Authorised Controller in
place of an Executive Officer in consultation with the duly registered
constituted Committee of Management.

Order Date :- 18.6.2010
bgs/