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The C/M Sri B.M.T. Inter College Ata & Another v. State Of U.P. & Others - WRIT - C No. - 47238 of 2007 [2007] RD-AH 16058 (26 September 2007)

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Court No. 33

Civil Misc. Writ Petition No. 47238 of 2007

The Committee of Management ,

B.M.T. Inter College, Ata, Jalaun,

through its Manager and another


The State of U.P. and others

Hon'ble V.K. Shukla, J.

Present writ petition has been filed by petitioners, requesting therein for issuing a writ in the nature of mandamus commanding Regional Level Committee to declare the claim of opposite party on the basis of election dated 31.07.2007 as null and void.

Record in question reveals that earlier writ petition No.22236 of 2007 had been filed before this Court, wherein this Court on 09.05.2007, without entering into the merit of the case, directed the District Inspector of Schools to conclude the proceeding, in accordance with law and with reference to the provisions as contained under Scheme of Administration, by means of reasoned and speaking order. Thereafter, District Inspector of Schools on 03.06.2007 determined the electoral college. Against the said order writ petition No.29531 of 2007 has been filed, wherein this Court refused to interfere, but kept it open for the parties to raise all disputes, as were raised in the writ petition, before the Regional Level Committee. Petitioner No. 2 claims that he is Manager of outgoing Committee of Management, as such he has influential role to play in the election. Since two elections have been set up and the District Inspector of Schools has referred the matter to Regional Level Committee on 10.08.2007. After enforcement of Government Order dated 19.12.2000, managerial dispute has to be decided by Regional Level Committee.

In these circumstances and in this background, as the validity of the alleged elections is yet to be examined by Regional Level Committee, as referred to it, as such issues are left open to be raised before the said Committee. However, it is directed that while adjudicating the validity of elections, Regional Level committee shall also keep in mind the following three points: (i) whether the person, who had convened the meeting of the election, had the authority to convene the meeting; (ii) persons who had participated in the election were valid members of the General Body and (iii) whether the elections were held strictly in consonance with the approved Scheme of Administration, and then take appropriate decision by means of reasoned and speaking order.

With above observations and direction, present writ petition is disposed of.




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