Court No. - 39 Case :- WRIT - C No. - 3831 of 2010 Petitioner :- C/M, National Inter College & Anr. Respondent :- State Of U.P. & Others Petitioner Counsel :- Rahul Mishra Respondent Counsel :- C.S.C.,J.J. Munir Hon'ble Dilip Gupta,J.
The Committee of Management, National Inter College, District
Mau and Mohd. Arif claiming himself to be the Manager of the
Committee of Management have filed this petition for quashing
the election proceedings conducted by the Authorised Controller
on 20th December, 2009 and for a direction upon the District
Inspector of Schools to approve the election held on 20th
December, 2009 in which Mohd. Arif was elected as the Manager.
Sri J.J. Munir, learned counsel for the caveator has pointed out that
the District Inspector of Schools has attested the signatures of
Naseem Ahmad as Manager of the Committee of Management on
21st December, 2009 but the petitioners have not sought the
quashing of this order.
The petitioners also claim to have been elected and they also claim
to have submitted papers before the District Inspector of Schools.
The District Inspector of Schools has recognised the election held
by the rival Committee of Management. The petitioners have also
disputed the election held by the rival Committee of Management.
These are matters which can be examined by the Regional
Committee in terms of the Government Order dated 20th
November, 2008 and subsequent Government Order dated 19th
November, 2009.
Sri J.J. Munir, learned counsel appearing for the rival Committee
of Management, however, submits that only a sham dispute has
been raised by the petitioners. This objection can also be examined
by the Regional Committee.
In such circumstances, the Court declines to entertain this petition.
The petitioners can raise all such grievances as have been raised in
the present petition before the Regional Committee.
The writ petition is dismissed subject to the observations made
above.
Order Date :- 27.1.2010
SK