HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- WRIT - C No. - 62425 of 2011 Petitioner :- C/M Krishak Junior High School And Another Respondent :- State Of U.P. Thru Secy. And Others Petitioner Counsel :- Rameshwar Nath,Ashish Jaiswal Respondent Counsel :- C.S.C.,Rajeshwar Singh Hon'ble V.K. Shukla,J.
Learned standing counsel has accepted notice on behalf of respondent Nos. 1 and 2. Sri Rajeshwar Singh, Advocate, has entered appearance on behalf of respondent No.3. Issue notice to respondent Nos. 4,5 and 6.
Each one of the respondents is granted six weeks' time to file counter affidavit. Rejoinder affidavit may be filed within next two weeks.
List after eight weeks.
It has been contended on behalf of the petitioners that validity of 57 members is already engaging attention of this Court in writ petition No.530 of 2011 and therein, this Court has passed detail reasoned clearly giving direction that any election that may be held pursuant to order dated 10th December, 2010 shall not be acknowledged by the Assistant Registrar by registering the list of office bearers until further orders of this Court. Petitioners have also stated that in writ petition No.1301 of 2011, it has been clearly mentioned that fate of this writ petition would be governed by the same interim order dated 10.01.2011. Petitioners have further stated that based on the impugned order dated 10.10.2011 passed by the Assistant Registrar, District Basic Education Officer, Deoria, has notified the election programme. Petitioners submit propriety demanded to wait for outcome of the aforesaid two writ petitions, but attempt is being made to overreach the order passed by this Court on earlier occasion. Since election process is on, in such a situation and in this background, as qua the validity of 57 members verdict of the Court is awaited, as such even if the elections are held, the same shall not be recognized and approved by the authority concerned, except with the leave of the Court.
Order Date :- 2.11.2011 SRY