Allahabad High Court
C/M The Indira Gandhi Kanya Inter ... vs State Of U P And 6 Others on 1 August, 2019
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- WRIT - C No. - 22655 of 2019
Petitioner :- C/M The Indira Gandhi Kanya Inter College And Another
Respondent :- State Of U P And 6 Others
Counsel for Petitioner :- Prabhakar Awasthi
Counsel for Respondent :- C.S.C.,A.K.Sinha,Abhishek Kumar Kushwaha
Hon'ble Ajay Bhanot,J.
Civil Misc.Correction Application No.02 of 2019
Heard.
The correction application is allowed.
Necessary correction has been incorporated in the order dated 15.07.2019.
Corrected order shall read as under:
The petitioner has assailed the order dated 04.06.2019 passed by the Regional Level Committee in the instant writ petition.
The petitioner has assailed the order dated 04.06.2019, passed by the Regional Level Committee approving the election claim set up by the respondent nos. 6 and 7 and the invaliding the claim of the petitioner.
Sri Prabhakar Awasthi, learned counsel for the petitioner contends that the order dated 04.06.2019 has been passed by the Regional Level Committee, at the behest of a Minister of State Government. He calls attention to the endorsement purportedly made by the Hon'ble Minister of the State Government.
Submission of learned counsel for the petitioner is that the order has been passed without independent application of mind.
Secondly, the order impugned records that the District Inspector of Schools had appointed an election observer, under whose watch, the election of respondent nos. 6 and 7, was conducted. Calling attention to the communication dated 27.06.2019, learned counsel for the petitioner submits that the aforesaid finding is perverse and contrary to the record. The appointment of the election observer was cancelled by the District Inspector of Schools on 01.12.2018, even before the elections were held.
Lastly, the order impugned in the writ petition finds that the members of the electoral college were noticed by the registered post. The registered post receipts disclose that the notices were sent on 13.10.2018, for the election, which was purportedly conducted on 14.10.2018, was in sharp violation of scheme of administration.
Sri A. K. Sinha, learned counsel has entered appearance on behalf of respondent nos. 6 and 7 prays for and is granted four weeks time to file counter affidavit.
Learned Standing Counsel to file counter affidavit on behalf of the Regional Level Committed within a period of four weeks
Two weeks time thereafter is granted to the learned counsel for the petitioner to file rejoinder affidavit.
List immediately thereafter.
Till the next date of listing, the effect and operation of the order dated 04.06.2019 passed by the Regional Level Committee (annexure 26 to the writ petition) and all consequential action taken in pursuance thereof shall remain stayed."
Order Date :- 1.8.2019
Dhananjai
