C/M Islamia Inter College ... vs State Of U.P. Through Principal ...
2013 Latest Caselaw 5175 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- MISC. SINGLE No. - 6444 of 2011
 

 
Petitioner :- C/M Islamia Inter College Lakhimpur Kheri
 
Respondent :- State Of U.P. Through Principal Secy Secondary Edu. & Ors.
 
Counsel for Petitioner :- Dwijendra Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Shabihul Hasnain,J.

In compliance of this Court's orders Sri Ramendra Singh, Assistant Teacher is present before the Court. He was summoned because he had given two versions and both were placed on affidavit before this Court. Earlier he had signed the proceedings which gives the impression that election was conducted in his presence as an observer sent by the D.I.O.S. Later on he gave a report to the D.I.O.S. that election was not held in his presence and when he had reached there every thing was over. He says that he is a Hindi Teacher and he did not understand his duties fully and only signed the proceedings in good faith. He says that he can not say with surety whether the election was held on that date or not. He further says that there was no motive. It was only his ignorance and innocence that he committed such a mistake. He promises to be more diligent in future and prays that he may be pardoned for the mistake. His demeanor and the statement appear to be true although further arguments will be heard later on. So far his behaviour is concerned, the Court pardons him after recording his statement. He is exempted from personal appearance.

The important questions which have cropped up today for consideration are:-

(a) Whether the D.I.O.S. has any decisive role in deciding that the election was held validly in accordance with scheme of administration or not ?

(b) Whether the observer sent by the D.I.O.S. has any authority or role about conduct of elections or not ?

(c) If the scheme of administration envisages that an election can be held in absence of the observer then will that election be a valid election or not ?

These are important questions which not only go to the root of the present case but will have impact on other cases also. The Court apart from the Standing counsel sought assistance from Senior

Advocate Sri H. G. S. Parihar as well as Sri M. B. Singh, who are sitting in the Court .

List/put up this case in the next week to enable all these counsels to address the Court on these points.

Order Date :- 22.8.2013

RKM.