Court No. - 18
Case :- WRIT - C No. - 57523 of 2017 Petitioner :- C/M Madarsa Ashrafiya Ahle Sunnat Anwarul Uloom & 20 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Niyaz Ahmad Khan Counsel for Respondent :- C.S.C.,Shriprakash Shrivastava
Hon'ble Ashok Kumar,J.
Heard counsel for the petitioner, Sri N. A. Khan and learned senior counsel, Sri Radha Kant Ojha, assisted by Sri Sri Prakash Srivastava and Sri Sri Prakash Singh, learned Standing Counsel for the State.
This Court vide order dated 21.02.2018 directed the learned Standing Counsel to file the counter affidavit and further directed him to produce the record of the reference proceeding bearing Case No. T 2016054465053123.
In compliance of the directions dated 21.02.2018 learned Standing Counsel, Sri Sri Prakash Singh has produced the original record which he has received in sealed cover. The sealed cover was opened in presence of learned counsels for the respective parties and from the perusal of the original records which is also seen by the Court, it is transpired that there are certain factual disputes and while examining the original record at one place it is found that at the time of meeting held on 05.06.2014 there are signatures of the 9 members which is available on page 85, whereas the other documents related to the election meeting, it is transpired that the signatures of 21 persons / members are taken, which is available on page 113.
It is also submitted by the learned counsel for the petitioner that the prescribed authority has not considered the affidavits filed by 19 members, before him.
This Court has found that the affidavits of 19 members are available in original with the original record, which are also seen by learned counsels for the respective parties as well as learned Standing Counsel, Sri Sri Prakash Singh.
In view of the aforesaid, this Court find it proper to remand the matter to the prescribed authority to reconsider the matter in the light of the documents, which are available with the original record and are referred herein above and thereafter pass an reasoned and speaking order, in accordance with law, preferably within a period of six weeks from the date the certified copy of this order is presented by the petitioner or by the respondents counsels.
The original record be returned to the learned Standing Counsel, Sri Sri Prakash Singh by the Bench Secretary of this Court.
The writ petition is accordingly, disposed of. The order dated 23.11.2017 is set aside.
Order Date :- 20.12.2018 SK Srivastava