Court No. - 40 Case :- WRIT - C No. - 35515 of 2010 Petitioner :- Vijay Narain Singh (Manager) Respondent :- State Of U.P. And Others Petitioner Counsel :- Mahesh Narain Singh,M.N. Singh Respondent Counsel :- C.S.C. Hon'ble Krishna Murari, J. Heard learned counsel for the petitioner and learned Standing Counsel. In view of the peculiar facts and circumstances of the case, no useful purpose would be served by keeping this matter pending by calling for a counter affidavit and with the consent of the learned counsel for the parties, the petition is being finally disposed of. Facts
giving rise to the dispute are that under the order dated 03.04.2010
passed by Joint Director of Education, Vindhyachal Manda., Mirzapur, fresh
elections of the committee of management of Janta Janardan Shiksha Sadan
Inter College, Tilaon, Lalganj, Mirzapur are to be held. By the same order, the
District Inspector of Schools, Mirzapur has been appointed as Election Officer
to conduct the election.
Learned counsel for the petitioner contends that the election program has not
yet been notified by the Election Officer appointed under order dated
03.04.2010. It is further contended by learned counsel for the petitioner that in
view of the fact that a first information report has been lodged by him against
the District Inspector of Schools on 05.05.2010, he has no hope of fair election
being conducted with the District Inspector of Schools, Mirzapur as the
Election Officer.
Attention of the Court has also been drawn to a letter dated 22.05.2010 written
by Joint Director of Education, respondent no. 3 to Additional Director of
Education for appointing any other officer as Election Officer in place of District
Inspector of Schools.
Considering the totality of the circumstances and in the interest of justice, the
Court feels it appropriate to direct the Joint Director of Education, Vindhyachal
Mandal, Mirzapur, respondent no. 3 herein to appoint any other suitable officer
to function as Election Officer to conduct the election of the committee of
management of the institution in question within a period of two weeks from
the date of production of a certified copy of this order before him. The Election
Officer so appointed by respondent no. 3 shall thereafter proceed to hold the
election and shall complete the exercise within a period of two months from
the date of his appointment.
With the aforesaid directions, the writ petition stands finally disposed of.
17.06.2010
VKS/ WP 35515/10