Court No. - 19
Case :- WRIT - C No. - 14782 of 2018 Petitioner :- Kuber Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Mritunjay Mohan Sahai,Mayank Counsel for Respondent :- C.S.C.,Birendra Singh
Hon'ble Manoj Kumar Gupta,J.
Heard counsel for the parties.
On oral prayer made by learned counsel for the petitioner he is permitted to implead Joint Director of Education of the Region concerned, as a party respondent to the instant petition.
The petitioner, who claims himself to be Manager of the outgoing Committee of Management of Bharat Bhakt Samaj Inter College, has filed the instant petition seeking quashing of the election proceedings in which respondents 5 and 6 were elected as Committee of Management and the Manager respectively and also the order dated 24.3.2017 passed by District Inspector of Schools, attesting the signatures of respondent no.6 as Manager.
According to the petitioner, the election was held from an invalid list of General Body. In support of said contention, the petitioner has placed reliance on certain information furnished to different persons, including the petitioner, by the Authorities under the Right to Information Act, 2005.
In the opinion of the Court, in case the petitioner seeks to challenge the validity of the election on the above ground, which involves determination of questions of fact, it would be proper for him to approach the Joint Director of Education for referring this dispute to the Regional Level Committee.
Accordingly, the instant petition is disposed of with liberty to the petitioner to approach the Joint Director of Education, who is the chair-person of the Regional Level Committee with exhaustive representation alongwith certified copy of this order and in which event, the Joint Director of Education shall take decision on the said representation within three weeks and would decide whether the matter is required to be referred to the Regional Level Committee or not. It shall be open to respondents 5 and 6 to state their version as well before the Joint Director of Education.
(Manoj Kumar Gupta, J.) Order Date :- 24.4.2018 skv