Court No. - 28 Case :- WRIT - C No. - 42721 of 2007 Petitioner :- Bhartiya Shiksha Sadan Samiti Thru' Its Secry. And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- Ram Sajiwan,P.S. Baghel,R.K.Ojha,R.S. Mishra,Ram Milan Misra,S.D. Shukla Respondent Counsel :- C.S.C.,Y.K. Saxena Hon'ble Sanjay Misra,J.
Heard Sri G.K. Singh learned counsel for the petitioners and Sri
Y.K. Saxena learned counsel for the respondents.
The petitioner is aggrieved by the election of the Committee of
Management of the society by the name of Bhartiya Shiksha Sadan
Samiti held in the year 2007 duly approved on 25.7.2007 by the
respondent no. 2.
According to Sri Y.K. Saxena now fresh election of the Committee
of Management has been held and the matter is pending before the
Regional Level Committee where the petitioner if he is aggrieved,
may file his objections.
Sri G.K. Singh has submitted that in so far as the present election
is concerned the same would be dependent upon the validity or
invalidity of the earlier election held in the year 2007 and as such
the Regional Level Committee should consider this plea made by
the petitioner and also re-consider its order dated 24.7.2007 since
it has not decided the final list of members hence order dated
25.2.2006 still holds good.
Having considered the submission of learned counsel for the
parties the submission of Sri G.K. Singh appears to have
substance.
According to Sri Saxena learned counsel for the respondents one
of the grounds which requires consideration is that the petitioner
has no locusstandi to maintain a challenge to the election, and
states that the approval of the present election is pending before
the Regional Level Committee headed by the Joint Director of
Education, District Kanpur Region, Kanpur hence it would be
appropriate that while perusing the records of the present elections
he may also take into account the grievance of the petitioner only
if he has locus standi relating to the election of the Committee of
Management Bhartiya Shiksha Sadan Samiti held in the year 2007
relating to valid members more particularly because the dispute in
this writ petition is of very seriously disputed questions of fact
regarding membership.
Consequently this court in its writ jurisdiction will not be in a
position to adjudicate such disputed questions of fact only on the
basis of affidavits and the annexures which would be appropriately
done by Regional Level Committee before whom the matter
appears to be pending and which can verify the documents
produced by the parties.
Consequently this writ petition is disposed of by requiring the
Regional Level Committee to consider the aforesaid grievance
raised by Sri G.K. Singh learned counsel for the petitioner and all
the issues raised by Sri Y.K. Saxena learned counsel for the
respondents including on the issue of locus standi. The impugned
order shall be subject to such decision taken by the Regional Level
Committee.
It is made clear that this court has not expressed its opinion on the
merits of the claim made either by the petitioner or by the
respondents and that has to be done by the Regional Level
Committee.
The writ petition stands disposed of as above.
No order is passed as to costs.
Order Date :- 9.8.2010
Pravin