C/M. LAXMI NARAYAN JAGDISH SARAN I.I.C., MORADABAD & ANOTHER versus R.J.D.O.E., MORADABAD REGION, MORADABAD & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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C/M. Laxmi Narayan Jagdish Saran I.I.C., Moradabad & Another v. R.J.D.O.E., Moradabad Region, Moradabad & Others - WRIT - C No. 44153 of 1998 [2006] RD-AH 5372 (7 March 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Sushil Harkauli, J.

I have heard the petitioner, who has appeared in person after his counsel had argued.

The prayer in this writ petition is for quashing attestation of signatures of Ram Vir Singh, vide order of DIOS dated 19.11.1998, and a consequent direction is also sought restraining the respondents from interfering in the functioning of the petitioner as the Management of the Intermediate College.

Admittedly, the tenure of the Managing Committee is three years and not beyond that. Therefore, whether the attestation of 1998 or the election on the basis of which that attestation was made were correct or not correct, the tenure of Committee could not have lasted beyond 2001. Even if a fresh election was held in 2001 or thereabout, that would also not be lasting today.

Therefore, if any election has been held in the previous three years which tenure of the Committee of Management is still subsisting and if the petitioner has any ground available for challenging the latest election, it will be open to the petitioner to file a fresh petition, but this petition, on the facts and circumstances stated above, does not survive. The petitioner, who has appeared personally, submits that the membership of the society is also in dispute and, therefore, this writ petition should be decided.

Whether a writ petition survives or has become infructuous is decided with reference to the prayer made in the writ petition and is not to be decided as an academic issue. Therefore, the writ petition has become infructuous. It is, accordingly, dismissed.

Dated : 7.3.2006.

PG.

Writ No. 44153-98.

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