WPMS/419/2023
2023 Latest Caselaw 432 UK

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                                      WPMS No.419 of 2023
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. D.S. Mehta, learned counsel for the petitioner.

Mr. Suyash Pant, learned Standing Counsel for the State.

The petitioner claims himself to be the Manager of the newly elected Committee of Management of Hatkalika Inter Collecte, Bindukhata.

He submits, that the said committee of management is a registered body under the Societies Registration Act, the registration of which stand renewed and is valid. On the expiry of the terms of the previously elected committee of management which expired in the year 2019, when the elections were not being conducted. A writ petition, being WPMS No.378 of 2021 was filed before this Court, in which the judgment was rendered on 04.03.2021 directing the respondents to conduct the elections.

Consequent to it, the advertisement was issued, Election Officer was appointed and the elections have been conducted of the committee of management and, thereafter, even the Election Officer and Election Observer vide communication dated 30.04.2022 made to the Chief Education and sought for approval of the newly elected/constituted management committee.

The grievance of the petitioner is that despite of the fact, that the Election Officer has already referred to the Chief Education Officer for grant of an approval to the newly elected committee management as directed on 04.03.2021. But till date, the Chief Education has not taken any decision nor any approval as such as has been granted.

Since the term of the committee is three years as per the scheme of administration the approval has to be given in a reasonable time frame, which is still pending before the Chief Education Officer since 30.04.2022. This action on the part of the Chief Education Officer, itself shows that he lacks diligence in dispensing of his administrative responsibilities.

This writ-petition is being disposed of with the direction to the Chief Education Officer to take a decision or pass an appropriate order as per law on the recommendation made for approval of the newly elected committee of management as recommended to be approved by the Election Officer vide his communication dated 30.04.2022 (annexure no.8 to the writ-petition).

It is hoped and trusted that the Chief Education Officer will take a decision on the same within a period of three weeks from the date of presentation of a certified copy of this order.

Subject to the aforesaid, the writ- petition stands disposed of.

(Sharad Kumar Sharma, J.) 20.02.2023 Sukhbant