Court No. - 39 Case :- WRIT - C No. - 38242 of 2010 Petitioner :- C/M, Janta Inter College Sarkarha Vishno Thru' Mg. & Another Respondent :- State Of U.P. Thru' Secretary (Sec. Edu.) & Others Petitioner Counsel :- R.S. Mishra Respondent Counsel :- C.S.C.,R.P.S. Chauhan Hon'ble Dilip Gupta,J.
The petitioners have sought the quashing of the order dated 23rd
June, 2010 passed by the District Inspector of Schools, Moradabad
by which permission has been given for holding of the elections of
the Committee of Management of the Institution subject to certain
conditions mentioned in the order.
Learned counsel for the petitioners states that the petitioners are
aggrieved by that part of the order dated 23rd June, 2010 which
directs for holding of the elections of the Committee of
Management of the Institution from the registered list of members
available in the office of the Assistant Registrar, Firm Societies
and Chits, Moradabad.
The contention of learned counsel for the petitioners is that the
General Body of the Institution contains various names which are
not included in the said list and an opportunity may, therefore, be
granted to the petitioners to file objections to the list.
Learned Standing Counsel appears for respondent Nos. 1, 2 and 3.
Respondent Nos. 4 and 5 are represented by Sri R.P.S. Chauhan,
Advocate.
Learned Standing Counsel and Sri R.P.S. Chauhan state that the
petition may be disposed of at this stage without filing any counter
affidavit. It is their submission that the Election Officer shall
publish a tentative list of members of the General Body to which
objections can be filed as per the notified election programme. The
petitioners will, therefore, get an opportunity to file objections to
the tentative list of members.
In view of the aforesaid, this petition is disposed of with a
direction that the list indicated by the District Inspector of Schools
in the order dated 23rd June, 2010 may not be treated as the final
list and an opportunity may be granted to the parties to file
objections to the said list of members of the General Body when
the election programme is issued. The election will thereafter be
held on the basis of the list so finalized.
Order Date :- 5.7.2010
NSC