Court No. - 7
Case :- WRIT - C No. - 24149 of 2019 Petitioner :- C/M Bidi Works Muslim Girls Inter College Amroha And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Javed Husain Khan,Gulrez Khan,Sri. W.H. Khan( Senior Advocate) Counsel for Respondent :- C.S.C.,Suresh Chandra Dwivedi
Hon'ble Ajay Bhanot,J.
Sri Javed Husain Khan, learned counsel for the petitioner, submits that a detailed objection to the election claim set up by the petitioner, was submitted, before the respondent No.2-Regional Level Committee. Learned counsel for the petitioner, submits that the respondent No.2- Regional Level Committee, while passing the impugned order dated 28.06.2019, has failed to consider the objections made by the petitioner. The order suffers from non-application of mind. A perusal of the order-sheet, clearly shows that the objections, raised by the petitioner, have not been considered by the respondent No.2-Regional Level Committee. The order, is clearly vulnerable on its point.
Sri Suresh Chandra Dwivedi, learned counsel for the respondent No.4, does not dispute, the aforesaid submissions.
With consent of, Sri Javed Husain Khan, learned counsel for the petitioner, and Sri Suresh Chandra Dwivedi, learned counsel for the respondent No.4, the following directions are being issued:
I. The order, dated 28.06.2019, passed by the respondent No.2-Regional Level Committee, is quashed.
II. The respondent No.2-Regional Level Committee, is directed to decide the controversy afresh.
III. Both the parties undertake to appear before the respondent No.2-Regional Level Committee, on 19.08.2019. By passing the order, the respondent No.2-Regional Level Committee, shall hear the parties afresh, on 19.08.2019.
IV. The respondent No.2-Regional Level Committee, shall pass a reasoned and speaking order, and return specific findings on the objections, raised by the petitioner.
V. It is open to the parties, to raise all the objections, before the respondent No.2-Regional Level Committee.
VI. The final order deciding the controversy, shall be passed by the respondent No.2-Regional Level Committee, shall be passed within a period of one month, from 14.08.2019.
With the aforesaid directions, the writ petition is finally disposed off.
Order Date :- 25.7.2019 Ashish Tripathi