Court No. - 19
Case :- WRIT - C No. - 25191 of 2018 Petitioner :- Ramdas Singh Yadav And 2 Others Respondent :- State Of U P And 6 Others Counsel for Petitioner :- H.K Asthana,Prem Narain Singh Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
The petitioner claims themselves to be life members of registered society Arya Vidya Sabha, Ghazipur which runs a recognised institution in the name of D.A.V. Inter College, Ghazipur. The petitioners have challenged the election held on 6.1.2018 in which respondent no.6 was elected. The petitioners have also prayed for quashing of order dated 31.1.2018 by which District Inspector of Schools had accorded recognition to the said election.
It is not disputed before this Court that after election was held but before signatures were attested and election was recognised, the petitioners had not filed any objection before the District Inspector of Schools.
Counsel for the petitioners submitted that objection was filed at the time of settlement of electoral college and also after District Inspector of Schools passed order dated 31.1.2018. He further submitted that objection has also been filed before respondent no.3, who is Chairman of the Regional Level Committee, but no action is being taken in the matter.
In the facts and circumstances mentioned above, this Court is not inclined to interfere with the election proceedings nor with the order passed by District Inspector of Schools dated 31.1.2018, but leaves it open to the petitioners to approach the third respondent with a certified copy of this order and a fresh representation requesting him to refer the dispute to the Regional Level Committee. In the event, any such representation is made, respondent no.3 shall ascertain whether any bonafide dispute has been raised by the petitioners or not and in case he finds that there is a bonafide dispute, he shall place the matter before the Regional Level Committee. It goes without saying that before taking any decision in this regard, the third respondent shall afford opportunity of hearing to respondents no.6 and 7.
The writ petition stands disposed of accordingly.
(Manoj Kumar Gupta, J) Order Date :- 27.7.2018 SL