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Mahesh Kumar & Others v. Union Of India - PUBLIC INTEREST LITIGATION (PIL) No. 70715 of 2005 [2005] RD-AH 5790 (16 November 2005)


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Hon'ble S. Rafat Alam, J.

Hon'ble Sudhir Agarwal, J.

Shri P.S. Baghel, learned counsel appearing for respondent nos.2 & 3, at the out set, raises a preliminary objection regarding maintainability of the writ petition on the ground that the election process has already started, since the election programme has been published by the Board of Trustees on 7.11.2005, and the election process has commenced, the same should not be interfered in exercise of powers under Article 226 of the Constitution of India.  He also pointed out that the Board of Trustees is the authority of University but has not been impleaded in the array of parties although it is necessary party.

Shri V.K. Upadhyay, learned counsel for the petitioner prays for and is allowed two days time to file impleadment application.  Shri P.S. Baghel, in the meanwhile, may also obtain instruction in the matter and file short counter affidavit on behalf of respondent nos.2 & 3 within a period of ten days raising all objections including preliminary objection.  Rejoinder affidavit, if any, may be filed within four days thereafter.

List the matter after two weeks.

We have also heard Shri V.K. Upadhyay, learned counsel for the petitioner on the question of interim relief.  Since the election process has already started, we are not inclined to grant any interim order and, therefore, the prayer for interim relief is rejected at this stage.




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