Court No. - 39 Case :- WRIT - C No. - 43309 of 2010 Petitioner :- C/M Swami Shivanand Saraswati A.S. Higher Sec.Thr.Man & Anr. Respondent :- State Of U.P. And Others Petitioner Counsel :- Suresh Chandra Dwivedi,P.S. Baghel Respondent Counsel :- C.S.C. Hon'ble Dilip Gupta,J.
The Committee of Management, Swami Shivanand Saraswati
Amar Shahid Higher Secondary School Thathia, Kannau and Tej
Singh Kannaujia claiming to be its Manager have filed this
petition for quashing the decision taken by Regional Level
Committee on 20.7.2010, by which the elections of the petitioner
Committee of Management held on 22.11.2009 have not been
approved and a direction has been issued for appointment of an
Authorised Controller for holding the elections of the Committee
of Management of the Institution within a period of three months.
It is contended by Sri P.S. Baghel, learned Senior Counsel assisted
by Sri S.C. Dwivedi, learned counsel for the petitioners that the
decision taken by Regional Level Committee deserves to be set-
aside as valid reasons have not been given for not approving the
elections of the petitioner Committee of Management of the
Institution held on 22.11.2009. It is his submission that the
elections were held on 22.11.2009 in the presence of the Observer
appointed by the District Inspector of Schools, Kannauj and the
District Inspector of Schools, Kannauj also attested the signature
of the Manager Tej Singh Kannaujia on 2.12.2009 and though the
claim of the respondents regarding holding of the elections on
13.12.2009 has not been accepted for lack of evidence, the claim
of the petitioner has not been accepted since the elections were not
held from the members in accordance with the Government Order
dated 21.11.2008. It is the submission of learned Senior Counsel
for the petitioners that the Government Order dated 21.11.2008
merely provides that the Scheme of Administration has to be
amended in a manner that the members of the General Body of the
Society take part in the elections of the Committee of
Management of the Institution, but without taking this aspect into
consideration only a bold statement has been made that the
elections were not held from the valid list of the members.
In view of the facts and circumstances of the case and in view of
the submissions advanced by the learned Senior Counsel for the
petitioners, the operation of the impugned decision taken by the
Regional Level Committee on 20.7.2010 deserves to be stayed.
Learned Standing Counsel has accepted notice on behalf of
respondent nos.1 to 5. Issue notice to respondent no.6 by registered
post. Steps may be taken within a week. Respondents may file
counter affidavit within four weeks. Rejoinder affidavit, if any,
may be filed within two weeks thereafter.
Supplementary affidavit filed today be kept on record.
List this petition for admission/hearing in the week commencing
13th September, 2010.
Till the next date of listing the decision taken by the Regional
Level Committee on 20.7.2010 shall remain stayed.
Order Date :- 27.7.2010
Kpy