Ram Sagar Singh vs State Of U.P. And 6 Others
2021 Latest Caselaw 3734 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 183 of 2021
 
Appellant :- Ram Sagar Singh
 
Respondent :- State Of U.P. And 6 Others
 
Counsel for Appellant :- Surendra Kumar Chaubey,Surendra Kumar Chaubey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Misra,J.

Hon'ble Rohit Ranjan Agarwal,J.

This intra-court appeal has been filed against judgment of learned Single Judge dated 13.01.2021 by which writ petition of the petitioner-appellant has been dismissed on the ground that he being just a member of the general body would have no right to stall the election process in the light of the decision of Division Bench of this Court in Ratan Kumar Solanki vs. State of U.P. and others 2010(1) ADJ 262.

The contention of learned counsel for the petitioner-appellant is that the petitioner-appellant was not contesting the result of an election but had challenged the notification for holding the election as there had been no valid determination of the electoral college as was mandated by this Court vide order dated 08.12.2016 passed in Writ-C No.48286 of 2016, which had attained finality between the parties.

Be that as it may, as we have been apprised that pursuant to the election notification dated 27.11.2020 elections have already been held and papers with regard thereto are before District Inspector of Schools and, according to Sri Rajesh Kumar Singh, Advocate, who has put in appearance on behalf of newly elected Committee of Management, approval has also been accorded, we do not find any justification to interfere with the order impugned. The petitioner may therefore take recourse to all the other remedies available to him under law to challenge the election.

Subject to above, the appeal is dismissed.

Order Date :- 16.3.2021

Kushal