C/M Sri Hanuman Vidya Mandir Inter ... vs State Of U.P. And 5 Ors.
2015 Latest Caselaw 1329 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- SPECIAL APPEAL No. - 677 of 2014
 

 
Appellant :- C/M Sri Hanuman Vidya Mandir Inter College And Another
 
Respondent :- State Of U.P. And 5 Ors.
 
Counsel for Appellant :- Siddharth Khare,Ashok Khare
 
Counsel for Respondent :- C.S.C.,K Shahi
 

 
Hon'ble Arun Tandon,J.

Hon'ble Ashwani Kumar Mishra,J.

Heard learned counsel for the appellant and learned counsel for the respondents.

This special appeal is directed against the judgment and order of Hon'ble Single Judge dated 7.7.2014, whereunder even after noticing the directions issued by the Division Bench of the High Court in Special Appeal No. 1245 of 2007,  it was directed that an Authorised Controller was continued to manage the affairs of the college and for single operation of the account  of the college and such continuance of the Authorised Controller will be till the competent Civil Court in the pending suit between the parties, passes an order to the contrary.

It is admitted on record that such suit has been filed by the contesting parties and there has been no order of the competent civil court in any of the suit for holding of fresh elections by the Authorised Controller  or for the Deputy  Director of Education to get the fresh elections held or with regard to the membership of the General Body to be constituted for holding of elections. The Hon'ble Single Judge even thereafter proceeded to pass an order that the elections will be held as per programme but the result of elections shall be abide by the order of the High Court. A Division Bench of this Court while entertaining the special appeal on does not find that it would be appropriate to pass an interim order in terms and conditions of the result in view of the order of the Division Bench in Special Appeal No. 1245 of 2007, which is pending in between the parties and cannot be upset by any higher court.

In the facts and circumstances noticed above, we find that assailing such order of the Division Bench, no election of Committe can be held except when some orders are issued by competent civil court as permissible under the order passed in the said appeal or till the order passed in the appeal and otherwise modified in any manner.

We, therefore, allow the present special appeal. The interim order granted by the Hon'ble Single Judge is modified to the extent that the result of the elections held, if any, by the Authorised Controller shall be declared/come into effect.

Special Appeal No. 1245 of 2007 is allowed.

Order Date :- 17.7.2015

Ashish Pd.