Court No. - 19
Case :- WRIT - C No. - 20869 of 2018 Petitioner :- Ashok Kumar Tyagi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prashant Shukla Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
The petitioner, who claims himself to be life member of the General Body of Nanak Chand Trust, which is registered under the Societies Registration Act, 1860, has filed the instant writ petition seeking quashing of order dated 23.3.2018, whereby the Election Officer conducting election of the Committee of Management of the institution, rejected the objections filed by the petitioner in regard to inclusion of certain persons as trustees. The order passed by District Inspector of Schools dated 10.4.2018 recognising election dated 25.3.2018 in which the fourth respondent was elected, is also under challenge.
Learned counsel for the petitioner admits that membership of the petitioner is not in question. He submits that the petitioner is only aggrieved by inclusion of certain persons, who, in fact, were never validly enrolled as trustees.
Since the election has already been held and it has also been approved by District Inspector of Schools, therefore, this Court is not inclined to entertain the challenge to the electoral college at this stage and especially at the instance of one member. However, it is left open to the petitioner to raise dispute before the Regional Level Committee and it goes without saying that in case any such dispute is raised, the same shall be addressed in accordance with law.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta, J) Order Date :- 31.5.2018 SL