Court No. - 54
Case :- WRIT - C No. - 42782 of 2019 Petitioner :- C/M Kisan Inter College Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nipun Singh Counsel for Respondent :- C.S.C.,Ashok Kumar Shukla
Hon'ble Rajiv Joshi,J.
Heard Sri Nipun Singh, learned counsel for the petitioner and learned Standing Counsel for the State respondents as well as Sri Ashok Shukla, Advocate for respondent no.4.
The election set up by the respondent no. 4, Committee of Management, have been approved by the District Inspector of Schools, Muzaffar Nagar, by order dated 18.9.2019, and signature of the Manager was attested by DIOS, Muzaffar Nagar on 20.9.2019, both these orders have been assailed in the instant writ petition.
Learned counsel for respondent no. 4 submits that the petitioner has not challenged the validity of the election held by respondent no.4 Committee and only objection/representation was made to DIOS, Muzaffar Nagar on 30.8.2019 but the same has not been decided, copy of representation has been appended at annexure no.9 at page 60 onwards.
No useful purpose would be served by keeping the writ petition pending or calling any counter affidavit.
On the facts and circumstances of the case, it is open to the petitioner to challenge the elections set up by the respondent no. 4 before the appropriate forum. In case such claim is made, the DIOS, Muzaffar Nagar look into the matter and if there is real disputes in the election then the matter be referred to the Regional Level Committee.
It is clarified that this Court has not gone into the veracity of the assertions made in the writ petition nor has the claim of the petitioner been judged on merits. It is for the competent authority to do so after independent application of mind.
The writ petition is disposed of finally.
Order Date :- 20.12.2019/Akbar