Court No. - 19
Case :- WRIT - C No. - 14779 of 2018 Petitioner :- Ram Surat Singh Respondent :- District Inspector Of Schools And 5 Others Counsel for Petitioner :- Indra Raj Singh,Adarsh Singh Counsel for Respondent :- C.S.C.,Prabhat Kumar Singh
Hon'ble Manoj Kumar Gupta,J.
The instant petition has been filed seeking quashing of order dated 17.2.2018 whereby, the Authorised Controller appointed for holding election of the Committee of Management of Shri Sheetala Devi Ucchattar Madhyamik Vidyalaya, Sheetala Chaukiya, Jaunpur has determined the Electoral College, as well as the order dated 16.3.2018, passed by the District Inspector of Schools, Jaunpur recognising the election held by the Authorised Controller dated 25.2.2018, in which respondent No. 6 was elected.
The petitioner claims to be ex-Manager of the Committee of Management of the Institution and also a life member of the General Body.
Counsel for the petitioner submitted that seven days advance notice is required to be issued to the members for holding ordinary meeting of the General Body and at least three days notice for holding an emergency meeting. It is urged that the Electoral College was settled by order dated 17.2.2018, but according to the election schedule notified by the Authorised Controller, the date fixed for filing nomination was 19.2.2018 and for holding election on 25.2.2018. He submitted that since the election process started from 19.2.2018, therefore, seven/three days clear notice had not been given.
It is not disputed before this Court that the petitioner has already filed a representation before the second respondent on 2.4.2018 requesting him to refer the matter relating to the validity of the election to the Regional Level Committee. In such view of the matter, this Court is of the opinion that interest of justice would be served in directing the respondent No. 2 to pass a speaking order on the said representation.
Accordingly, the instant petition is disposed of with liberty to the petitioner to approach the second respondent with certified copy of this order and photo copy of representation dated 2.4.2018, and in which event, the second respondent shall ascertain the claim of the petitioner, and if he finds that there is any genuine dispute, he shall pass order for referring the matter to the Regional Level Committee. The aforesaid decision would be taken by the second respondent within four weeks from the date of production of a certified copy of this order, after due notice and opportunity of hearing to the parties.
(Manoj Kumar Gupta, J.) Order Date :- 24.4.2018 AM/-