By means of the present writ petition, the petitioner is challenging the order dated 25.8.2011 by which the District Inspector of Schools, Bulandshahar has approved the election held on 5.5.2011 in which Sri Naresh Prasad Sharma was elected as the President and Sri Mohan Lal Sharma was elected as Secretary.
Learned counsel for the petitioner submitted that earlier Sri Mohan Lal Sharma has claimed approval of the election dated 30.9.2009. The District Inspector of Schools, Bulandshahar vide his letter dated 28.10.2009 has held that Sri Mohan Lal Sharma was not the primary member of the general body and his membership was terminated in the year 1996 and Prabandh Sanchalayak has no right to restore his membership and the election held on 30.9.2009 was bogus. Against this order, Sri Mohan Lal Sharma filed Civil Misc. Writ Petition No. 57968 of 2009 wherein this Court has directed the petitioner to file counter affidavit and as an interim measure directed the Prabandh Sanchalak to manage the affairs of the institution. The said writ petition is pending. During the pendency of the aforesaid writ petition, Sri Mohan Lal Sharma has set up a new case that the election has been held on 5.5.2011 wherein he has been elected as Prabandhak, which has been approved by the District Inspector of Schools, Bulandshahar without taking note of the earlier order dated 28.8.2009 wherein it has been held that Sri Mohan Lal Sharma was not the member of the general body.
I find substance in the argument of learned counsel for the petitioner which requires consideration.
Learned Standing Counsel appears on behalf of respondent nos. 1 to 3. Issue notice to respondent no. 4. The petitioner may take steps to serve the respondent no. 4 by registered post. All the respondents may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List in the week commencing 27.2.2012.
Till the next date of listing, the operation of the order dated 24/25.8.2011 of the District Inspector of Schools, Bulandshahar, Annexure-7 to the writ petition, shall remain stayed.
Order Date :- 13.1.2012 OP