Court No. - 39 Case :- WRIT - C No. - 5091 of 2009 Petitioner :- Jan Priya Audyogik Junior High School Society And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- G.K. Singh,V.K. Singh Respondent Counsel :- C.S.C.,Amit Saxena,P.N.Saxena,Pradeep Verma Hon'ble Dilip Gupta,J.
Jan Priya Audyogik Junior High School Society, Kanpur and
Krishna Gopal Verma claiming himself to be the President and the
life member of the Society have filed this petition for setting aside
the order dated 7th January, 2009 passed by the District Inspector
of Schools, Kanpur by which he has, pursuant to the directions
issued by the Regional Level Committee, held the election and
attested the signatures of Madan Gopal Verma as the Manager of
the Committee of Management of the Institution.
An application supported by affidavit of Madan Gopal Verma,
respondent No.5 has been filed with the following prayer:
“It is therefore, most respectfully prayed that this Hon’ble Court
may kindly be pleaded to allow the writ petition, quash the
election dated 28.12.2008 and its recognition dated 07.01.2009
and the District Inspector of Schools be directed to hold fresh
election of the committee of management himself or through his
nominee from the indisputed list of members of the General Body
who had participated in the indisputed election held on
28.12.2003 within a period fixed by this Hon’ble Court. It is
further prayed that this Hon’ble Court may direct the Joint
Director of Education , Kanpur to appoint a Prabandh Sanchalak
for managing the affairs of the institution till the new committee
takes over the charge; or to pass such other and further order,
which this Hon’ble Court may deem fit and proper, under the facts
and circumstances of the case; otherwise the application will
suffer an irreparable loss.”
Sri G.K. Singh, learned counsel appearing for the petitioners states
that he can have no possible objection if the order dated 7th
January, 2009 passed by the District Inspector of Schools is set
aside and fresh elections are held pursuant to the directions issued
by the Regional Level Committee on 19th November, 2008.
In this view of the matter, the order dated 7th January, 2009 passed
by the District Inspector of Schools is set aside. The District
Inspector of Schools shall now hold fresh elections of the
Committee of Management of the Institution within a period of
one month from today pursuant to the directions issued by the
Regional Level Committee on 19th November, 2008.
The writ petition is allowed to the extent indicated above.
Order Date :- 3.2.2010
SK