C/M Of Shiksha Prasar Samiti And ... vs The State Of U.P. Thru Secy. And ...
2011 Latest Caselaw 6277 ALL

Citation : 2011 Latest Caselaw 6277 ALL
Judgement Date : 1 December, 2011

Allahabad High Court

C/M Of Shiksha Prasar Samiti And ... vs The State Of U.P. Thru Secy. And ... on 1 December, 2011

Bench: Rajes Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - C No. - 68438 of 2011
 

 
Petitioner :- C/M Of Shiksha Prasar Samiti And Another
 
Respondent :- The State Of U.P. Thru Secy. And Others
 
Petitioner Counsel :- Rajendra Rai
 
Respondent Counsel :- C.S.C.,S.K. Varma
 

 
Hon'ble Rajes Kumar,J.

The contention of the petitioner is that as per the Bye Laws of the Society, the office bearers of the Society will be office bearers of the Junior High School. For the year 2011-12, an election was held on 5.9.2011 wherein the office bearers of the Society have been elected and the same have been registered by the Assistant Registrar, Firms Societies and Chits, U.P., Jhansi on 12.10.2011. In pursuance of the order of the Assistant Registrar registering the office bearers elected in an election held on 5.9.2011 the signature of the Manager Sri Hari Kishore Patel was attested by the District Basic Education Officer, Jalaun at Orai vide order dated 24.10.2011. By the impugned order dated 14.11.2011, the operation of the order dated 24.10.2011 by which the signature has been attested, has been stayed.

Learned counsel for the petitioner submitted that the District Basic Education Officer, Jalaun at Orai has no jurisdiction to stay the operation of his order attesting the signature till the registration of the office bearers registered by the Assistant Registrar, Firms Societies and Chits, U.P., Jhansi continues.

The submission of the learned counsel for the petitioner has substance and requires consideration.

Respondent nos. 1 and 2 are represented by the learned Standing Counsel. Sri S.K. Verma, Advocate appears on behalf of respondent no. 3. Issue notice to respondent no. 4. All the respondents may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List thereafter.

Till the next date of listing, the operation of the order dated 14.11.2011 shall remain stayed till the date the order of the Assistant Registrar, Firms Societies and Chits, U.P., Jhansi registering the office bearers elected in an election on 5.9.2011 continues.

Order Date :- 1.12.2011