C/M Adarsh Bhartiya Chandra Lal ... vs State Of U.P. Thru Secy. And 3 ...
2013 Latest Caselaw 6776 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - C No. - 59835 of 2013
 

 
Petitioner :- C/M Adarsh Bhartiya Chandra Lal Inter College
 
Respondent :- State Of U.P. Thru Secy. And 3 Others
 
Counsel for Petitioner :- Sushil Kumar Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Dilip Gupta,J.

The Committee of Management of Adarsh Bhartiya Chandra Lal Inter College, Saidpur, Dutta Nagar, Baghpat has filed this petition for quashing the order dated 18th October,2013 passed by the Election Officer appointed for the purpose of holding the election for constituting the Committee of Management of the Institution.

The impugned order passed by the Election Officer merely postpones the date for holding the election in view of the report submitted by the Station House Officer and imposition of Section 144 of the Criminal Procedure Code by the District Magistrate in the area because of a Mela which is likely to be held. The impugned order further mentions that a suggestion has been made by the authorities to hold the election after the Moharram.

Learned counsel for the petitioner has submitted that this Court should fix the date for holding the election for constituting the Committee of Management of the Institution as no date has been fixed by the Election Officer.

Good and cogent reasons have been given by the Election Officer for postponing the election and it is clear from the order impugned that the election would be held after Moharram. The petitioner has unnecessarily rushed to this Court at this stage. However, it will be open to the petitioner to approach the Court if even after lapse of a reasonable period of time the election is not held.

The writ petition is, accordingly, dismissed with the aforesaid observations.

Order Date :- 30.10.2013

SK