Court No. - 39 Case :- WRIT - C No. - 4551 of 2010 Petitioner :- C/M Shiksha Pracharni Sabha Tiari Chakia And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- J.P. Singh,Ashok Khare,Siddharth Khare Respondent Counsel :- C.S.C.,Sudarshan Singh Hon'ble Dilip Gupta,J.
The petitioners have sought the quashing of the order dated 16th
January, 2010 passed by the Prescribed Authority on a reference
made to him by the Deputy Registrar. By this order, he has
recognised the election of the Committee of Management of the
Society held on 25th September, 2004 in which Shiv Shanker
Singh respondent No.4 was elected as the Manager and has
rejected the claim of the petitioner-Committee of Management.
It is contended by Sri Ashok Khare, learned Senior Counsel
appearing for the petitioners that serious allegations of bias had
been levelled against the Prescribed Authority and the petitioner
had also filed application before the District Magistrate for transfer
of the case but as the application was rejected, he filed an appeal
before the Commissioner in which 18th January, 2010 was fixed
but the Prescribed Authority proceeded to hear the matter. On 11th
January, 2010 the counsel for the parties appeared and affidavits
were filed. The Prescribed Authority fixed 12th January, 2010 for
hearing and orders.
Learned Senior Counsel for the petitioner has submitted that
hearing was not done at all by the Prescribed Authority on 12th
January, 2010 and in this connection he has placed before the
Court paragraph 26 of the writ petition which specifically
mentions that on 12th January, 2010 the counsel for the
petitioners was present before the Deputy District Magistrate but
no hearing whatsoever was done. The order of the Prescribed
Authority also mentions that the matter was taken up on 11th
January, 2010 but it does not mention that the matter was heard on
12th January, 2010.
The matter requires examination.
Learned Standing Counsel appears for respondent Nos. 1 to 3. Sri
Sudarshan Singh appears for respondent No.4. They pray for and
are granted two weeks’ time to file the counter affidavit. Rejoinder
affidavit, if any, may be filed within one week thereafter.
List this petition for admission/hearing on 8th March, 2010. On
that date, the learned Standing Counsel shall produce the entire
records of the Prescribed Authority concerning the impugned
order. The District Magistrate, Chandauli shall also ensure that the
records of the Prescribed Authority of the case are sealed at once.
Learned Standing Counsel shall also communicate this order to the
District Magistrate, Chandauli by fax.
Till the next date of listing, the operation of the order dated 16th
January, 2010 shall remain stayed.
Order Date :- 29.1.2010