Court No. - 36
Case :- WRIT - C No. - 38512 of 2018 Petitioner :- Shashi Prakash Singh And Another Respondent :- District Inspector Of Schools, Ballia And 07 Others Counsel for Petitioner :- Indra Raj Singh,Adarsh Singh Counsel for Respondent :- C.S.C.,Anand Kumar Pandey, Rajendra Pratap Singh
Hon'ble Ajay Bhanot,J.
By the order impugned in the writ petition dated 27.08.2018, the District Inspector of Schools has recognised the election claim set up by the respondent no. 5 has been upheld. The order records that the Committee of Management was elected unopposed. The order attests the signatures of Harendra Singh as Manager of the institution.
Heard Sri Radha Kant Ojha, learned Senior Counsel assisted by Sri Prabhat Kumar Singh, learned counsel for the petitioners and Sri Anand Kumar Pandey, learned counsel for the private respondents.
Sri Radha Kant Ojha, learned Senior Counsel assisted by Sri Prabhat Kumar Singh, learned counsel for the petitioners has pointed out several infirmities in the order impugned in the writ petition.
During the course of argument Sri Anand Kumar Pandey, learned counsel for the respondents submits that the respondents waive their right created by the impugned order dated 27.08.2018.
Sri Anand Kumar Pandey, learned counsel for the private respondents contends that the private respondents are prepared to contest the matter and establish their case on merits before the competent authority, in case, the matter is remitted to the District Inspector of Schools for fresh consideration. However, in view of the contesting stands, the electoral college may redetermined after taking objections from the respective parties and putting each party to notice about the case of its adversary.
In view of the statements made by learned counsel for the private respondents, the learned Standing Counsel also submitted that the matter may be remitted to the District Inspector of Schools for fresh consideration.
With the consent of parties following orders are being passed:-
(I) The order dated 27.08.2018 passed by the District Inspector of Schools is quashed.
(II) A writ of mandamus is issued to the Joint Director of Education, Azamgarh Region, Azamgarh to execute the following directions;
(i) The Joint Director of Education shall appoint an Authorised Controller in the institution.
(ii) The Authorised Controller shall first determine the valid members of the general body to constitute the electoral college. The Authorised Controller shall ensure that the respective pleadings and materials are exchanged between the contesting parties. Each party should be put to notice about the rival case and the evidence relied upon by its adversary. The Authorised Controller shall thereafter hear the respective parties and their objections in regard to membership of the electoral college.
(III) After hearing the respective parties the Authorised Controller shall issue a list of the electoral college and proceed in accordance with law to conduct the election of Committee of Management of the institution.
(IV) The entire process from the calling of objections to the electoral college to the conduct of elections by the Authorised Controller shall be completed within a period of three months from the date of receipt of a certified copy of this order.
The writ petition is disposed of finally.
Order Date :- 19.12.2018 Pravin