C/M. Madrasa Azimul Uloom ... vs Prescribed Authority/Up-Zila ...
2015 Latest Caselaw 753 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 
Case :- WRIT - C No. - 33335 of 2015
 
Petitioner :- C/M. Madrasa Azimul Uloom Thru'Its Manager & Anr.
 
Respondent :- Prescribed Authority/Up-Zila Adhikari And 3 Ors.
 
Counsel for Petitioner :- M.S. Ansari
 
Counsel for Respondent :- C.S.C.,Mohd. Ali Ausaf
 

 
Hon'ble Yashwant Varma,J.

Heard learned counsel for the petitioner and Sri G.K. Singh, learned Senior Counsel assisted by Sri Mohd. Ali Ausaf who appears for the contesting respondent. The learned Standing Counsel has appeared on behalf of the respondents 1 and 2.

The challenge in the present petition is to an order dated 6th May, 2015 passed by the Prescribed Authority holding that the list of 30 members as was held valid in 2002 would be utilized for the purposes of conduct of elections under Section 25(2) of the Act, 1860. While passing the aforesaid order the Prescribed Authority has also annulled the elections stated to have been held on 15th November, 2013. Insofar as the dispute with respect to membership is concerned, it records that the general body as was standing in 2002 was not disputed by either side, he has proceeded to direct elections to be held by exercising powers conferred by Section 25(2) from out the members which stood comprised in the aforesaid list.

Accordingly and in light of the above, this Court finds no merit in the challenge laid to the impugned order by the petitioner.

The writ petition is accordingly dismissed.

Order Date :- 28.5.2015/Arun K. Singh