By means of the present writ petition, the petitioners are challenging the order dated 19.10.2011 passed by the District Inspector of Schools, Auraiya by which he has approved the election held on 18.9.2011 and attested the signature of Sri Raj Kumar Dixit, Manager, elected in the said election. While approving the election dated 18.9.2011 and attesting the signature of Sri Raj Kumar Dixit, Sri Ram Narayan, the District Inspector of Schools, Auraiya has stated that Writ Petition No. 44333 of 2008 has been dismissed by this Court on 5.1.2009 and further he has stated that the election of the Society held on 2.9.2009 has been given recognition vide order dated 3.9.2009.
Learned counsel for the petitioners submitted that both the aforesaid facts stated in the order are absolutely wrong. He submitted that Writ Petition No. 44333 of 2008 is still pending in which the operation of the order of the Joint Director of Education dated 10.7.2008 and the order of the District Inspector of Schools, Auraiya dated 16.7.2008 by which the recognition has been granted to the Committee of Management of Sri Raj Kumar Dixit has been stayed. In the order dated 14.2.2011, which is Annexure-9 to the writ petition, the same District Inspector of Schools, Auraiya has stated this fact while in the impugned order he has stated the wrong facts though he was very well aware that Writ Petition No. 44333 of 2008 is still pending. He further submitted that the order dated 3.9.2009 by which the recognition of the election of the Society dated 2.9.2009 was recognized, has been stayed by this Court in Writ Petition No. 57084 of 2009 vide order dated 29.3.2010. This order was also in the knowledge of Sri Ram Narayan, District Inspector of Schools, Auraiya still he has recognized the election of respondent no. 4 relying upon the wrong facts. The aforesaid facts state that Sri Ram Narayan, the District Inspector of Schools, Auraiya has colluded with respondent no. 4 and passed the impugned order.
I find substance in the argument of learned counsel for the petitioners.
In the impugned order Sri Ram Narayan, the District Inspector of Schools, Auraiya has stated two wrong facts though he was fully aware that Writ Petition No. 44333 of 2008 is still pending in which the operation of the order of the Joint Director of Education dated 10.7.2008 and the order of the District Inspector of Schools, Auraiya dated 16.7.2008 have been stayed and further the order dated 3.9.2009 of the Assistant Registrar, Firms Societies & Chits, Kanpur Region, Kanpur has been stayed in Writ Petition No. 57084 of 2009.
Sri Ram Narayan, the District Inspector of Schools, Auraiya is directed to file his personal affidavit to explain that under which circumstances he has stated the wrong facts in the impugned order and he may appear in person on the next date fixed in this regard and to show cause that why action against him may not be recommeded.
List this case on 10.1.2012.
Till the next date of listing, the operation of the order dated 19.10.2011 passed by the District Inspector of Schools, Auraiya, Annexure-10 to the writ petition, shall remain stayed.
Certified copy of this order be provided to the learned Standing Counsel.
Order Date :- 19.12.2011 OP