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C/M. Tapeshwari Devi Jaiswal Inter College And Others v. Director Of Education (Secondary) And Others - WRIT - C No. 51468 of 2004  RD-AH 6944 (17 April 2007)
Civil Misc. Writ Petition No.51468 of 2004
Committee of Management Smt Tapeshwari Devi Jaiswal Inter College Sardaha Bazar, Azamgarh and another Versus Director of Education (Secondary) U.P. Lucknow and others.
Hon'ble S.U.Khan J
Heard learned counsel for the petitioner.
This writ petition is directed against order dated 5.11.2004 passed by Director of Education (Secondary) Uttar Pradesh, Lucknow in the matter of election dispute of Smt Tapeshwari Devi Jaiswal Inter College, Sardah Bazar, Azamgarh.
Earlier through order dated 30.10.2003 passed in writ petition No. 36493 of 2001, filed by Ori Lal respondent NO.5 and O.N.Jaiswal the Director had been directed to decide the matter. Through the impugned order, it has been held that election of committee of management held on 3.7.2001 (according to the learned counsel for the petitioner the correct date is 8.7.2001) was not legal. Through the said order, Administrator / Authorised Controller was also appointed and it was directed that he should hold election according to scheme of administration.
No stay order was granted in this writ petition. However, learned counsel for the petitioner states that authorised controller/ Administrator has not yet held the election. Learned counsel further states that respondent No.5 has also died. Respondent No. 5 Ori Lal had challenged the election dated 3/8.7.2001, hence, in his absence petition does not survive.
Writ Petition is dismissed on the ground that firstly learned counsel for the petitioner has not been able to point out any error in the impugned order; secondly respondent No.5 has died; thirdly term of committee of management elected in July 2001 has expired and fourthly as it is not clear as to whether fresh elections have been held or not .
However, it is directed that in case Administrator/ Authorised Controller has not yet held the elections in pursuance of order of Director dated 5.11.2004 then the same shall positively be held within two months from the date of production of certified copy of this order.
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