Aas Mohammad And Another vs State Of U.P. And 3 Others
2013 Latest Caselaw 4908 ALL

Citation : 2013 Latest Caselaw 4908 ALL
Judgement Date : 5 August, 2013

Allahabad High Court

Aas Mohammad And Another vs State Of U.P. And 3 Others on 5 August, 2013

Bench: Dilip Gupta




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?
 
Court No. - 38
 

 
Case :- WRIT - C No. - 40352 of 2013
 

 
Petitioner :- Aas Mohammad And Another
 
Respondent :- State Of U.P. And 3 Others
 

 
Counsel for Petitioner :- Hari Om Khare,Aakash Khare
 
Counsel for Respondent :- C.S.C.,T.A. Khan
 

 
Hon'ble Dilip Gupta,J.

Aas Mohammad and Mohd. Aasif have filed this petition for quashing the order dated 16.04.2013 passed by the District Inspector of Schools, Hapur by which the elections in which Zafar Ali was elected as the President and Maroof Ali Khan as the Manager of the Committee of Management of the Institution have been approved and the election proceedings submitted by Rajpal Singh have not been accepted as they were based on fraudulent papers.

A preliminary objection has been raised by learned counsel for the respondent Committee of Management that the two petitioners do not have a locus to maintain the petition for the reason that the order dated 21.01.2013 passed by the District Inspector of Schools by which the names of these two petitioners were excluded from the electoral college was assailed by these two petitioners in Writ Petition No.10657 of 2013 which was dismissed on 27.02.2013.

Learned counsel for the petitioners has submitted that though it is a fact that the said writ petition was dismissed on 27.02.2013 but that related to the earlier elections which had not been approved by the District Inspector of Schools. It is, therefore, his submission that the petitioners can raise objections with respect to the fresh elections.

It is not possible to accept the contention of learned counsel for the petitioners. What was assailed in Writ Petition No.10657 of 2013 was the order dated 21.01.2013 passed by the District Inspector of Schools and by that order, the District Inspector of Schools had not only disapproved the elections but had also directed for holding fresh election from the electoral college in which the names of these two petitioners were excluded. If these two petitioners are not members of the electoral college, then they can have no grievance regarding the manner in which the elections were held. This petition at their instance, therefore, cannot be entertained.

The writ petition is, accordingly, dismissed.

Order Date :- 5.8.2013