Chief Justice's Court
Case :- SPECIAL APPEAL No. - 663 of 2018 Appellant :- C/M Adarsh Inter College And Anr.
Respondent :- State Of U.P. And 5 Ors.
Counsel for Appellant :- Balwant Singh,P.N. Saksena (Senior Advocate) Counsel for Respondent :- C.S.C.,Satyendra Chandra Tripathi
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Yashwant Varma,J.
Heard Sri P.N. Saxena, learned Senior Counsel assisted by Sri Balwant Singh in support of the appeal and Sri R.K. Ojha, learned Senior Counsel assisted by Sri A.C. Tripathi for the respondents.
The original petitioners have preferred this appeal laying challenge to an interlocutory order passed on their writ petition, in terms of which the learned Single Judge has provided that any elections that may be held pursuant to the order impugned in the writ petition would be subject to its ultimate decision. In the writ petition appellants had challenged the order dated 29 June 2018 passed by the Regional Level Committee setting aside the recognition accorded to the elections set up by the appellants and further directing the appointment of an Authorized Controller to examine the constitution of the electoral college and to thereafter hold elections within a period of three months.
As we read the order passed by the Regional Level Committee, we find that the following three factors weighed with the Committee to direct a fresh election being conducted. It has firstly referred to a disqualification of some of the elected office bearers on account of their conviction in a criminal case. It has also taken note of some of the constituents of the electoral college being not entitled to participate in the election process since three years had not expired from the date of their enrolment as members. The Committee has also found fault with the enrolment of ten members directly by the Committee of Management even though they had not been enrolled pursuant to any decision taken in a general body meeting of the society. The proceedings before the Committee itself came to be instituted pursuant to directions issued by a learned Judge on a writ petition preferred by a rival faction which claimed that it had also held elections for the constitution of the Committee of Management. It was in that context that the learned Judge while disposing of Writ -C No. 5031 of 2017 had permitted the petitioners therein to stake their claim before the competent authority and for the reference of the matter to the Regional Level Committee. The rival faction is represented in these proceedings by the sixth respondent.
Bearing in mind the factors which the Regional Level Committee took into consideration while passing the directions for holding of elections, we find that the view taken by the learned Single Judge at the interlocutory stage was eminently fair and merits no interference in this appeal.
The Special Appeal is consequently dismissed.
Order Date :- 30.7.2018 Arun K. Singh (Dilip B Bhosale, CJ) (Yashwant Varma, J.)