Court No. - 33
Case :- WRIT - C No. - 10838 of 2018 Petitioner :- Swami Nath Pandey And 5 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Prabhakar Awasthi,Deepak Kumar Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J.
Heard learned counsel for the petitioners; and the learned Standing Counsel for the respondents 1 and 2.
A perusal of the record reflects that there is a Society by the name of Dr. Rajeshwar Sewashram Mahavidyalaya, Dhindhuee, District Pratapgarh, which has established a degree college which was affiliated to Dr. Ram Manohar Lohiya Awadh University, Faizabad. Now, the said college, according to the learned counsel for the petitioners, is affiliated to Allahabad State University, Allahabad.
On 22.01.2014, the Assistant Registrar, Firms, Societies and Chits, Allahabad had determined the electoral college of the society against which Writ-C No.6775 of 2014 was filed by certain persons which was disposed of by order dated 12.02.2014 with direction upon Dr. Ram Manohar Lohiya Awadh University, Faizabad to hold election by treating the list prepared by the Assistant Registrar as a tentative list and thereafter to finalize the same after dealing with objection of the parties.
It is not in dispute that thereafter election was held and the matter concerning the committee came before the Vice Chancellor, Dr. Ram Manohar Lohiya Awadh University, Faizabad, who, by his order dated 29th June, 2016, refused to accord recognition to the committee, headed by one Sri Rajendra Kumar Tiwari, stated to have been elected on 09.03.2014. The order of the Vice Chancellor was thereafter assailed in Writ-C No.34763 of 2016 before this Court and an interim order was passed on 30.08.2016 by which the effect and operation of the order dated 29th June, 2016 passed by the Vice Chancellor, Dr. Ram Manohar Lohiya Awadh University, Faizabad was stayed.
Against the interim order passed in Writ-C No.34763 of 2016, Special Appeal Defective No.608 of 2016 was filed by the petitioner no.1. One of the grounds taken in the appeal was that the order of the Vice Chancellor was passed within the jurisdiction of the Lucknow Bench of this Court as the institution as well as the society was at Pratapgarh, which falls within the jurisdiction of Lucknow Bench of this Court, therefore the principal seat of Allahabad High Court at Allahabad would have no jurisdiction to deal with the matter.
The aforesaid submission of the petitioner no.1 (Swami Nath Pandey) found favour with the Division Bench of this Court and the order passed by the learned Single Judge was set aside and Writ-C No.34763 of 2016 was dismissed with liberty to file a fresh petition before the Lucknow Bench of this Court.
It is not in dispute that pursuant to the liberty given by Division Bench of this Court in Special Appeal Defective No.608 of 2016, a Misc. Single No.27640 of 2016 has been filed before the Lucknow Bench of this Court which is pending.
Under the circumstances and in the aforesaid factual backdrop, this Court considers it appropriate to dispose of this petition with liberty to the petitioner to invoke jurisdiction of Lucknow Bench of this Court inasmuch as already one matter is pending before the Lucknow Bench of this Court and it may not be appropriate that separate Benches deal with the matter separately particularly when in the earlier matter a Division Bench took the view that it would be appropriate that the matter be filed before the Lucknow Bench of this Court.
Accordingly, without entering into the merits of the case, this petition is disposed of with liberty to the petitioner to invoke jurisdiction of the Lucknow Bench of this Court.
Order Date :- 28.3.2018 AKShukla/-