RADHEY RAMAN GUPTA Vs. STATE OF UP

JUDGEMENT

(1.) The present special appeal has been filed against the judgment and order dated 9.3.2010 passed by the learned Single Judge wherein the learned Single Judge had dismissed the writ petition with a direction to the appellants herein to raise objections about validity of the elections before the Regional Level Committee after declaration of the result of the elections. The situation under which elections of the Committee of Management of the institution T.G.C.J.S. Hindu Inter College Amroha, J.P. Nagar had been directed to be held under supervision an independent officer to be appointed by the Joint Director of Education had been mentioned in the Special Appeal Defective No. 288 of 2010 decided today and therefore there is no repetition herein. This appeal is offshoot of the earlier proceedings. The appellants have approached this Court challenging the elections held by the independent officer appointed by the Joint Director of Education on the ground that in the advertisement published on 16.2.2010 in Hindi daily 'Amar Ujala' the name of Raj Nath Gupta, President and Mahesh Chandra, Manager have also been mentioned. According to him, the advertisement notifying the elections is therefore vitiated and is in violation of the earlier order passed by this Court on 11.2.2010 before the learned Single Judge. It was also the case of the violation that the Regional Level Committee consisted of three person whereas at present only two members are available and therefore a direction be issued to the Director of Education to institute a Regional Committee of three members in accordance with Government Order dated 19.12.2000. Learned Single Judge had dismissed the writ petition on the ground that as the elections have been held the objections regarding elections can also be raised before the Regional Level Committee after the results are declared.

(2.) We have heard Sri W.H. Khan, learned Senior Advocate assisted by Sri J.H. Khan and Sri Gulrez Khan on behalf of appellants, learned Standing Counsel who represents respondents No. 1, 2, 3 and 5 and Sri Irshad Ali who represents respondent No. 6.

(3.) Sri W.H. Khan reiterated the same arguments which were advanced before the learned Single Judge. Sri Irshad Ali, however, submitted that the order of the learned Single Judge does not call for any interference as the appellants have been given permission to raise an objection regarding validity of the elections before the Regional Level Committee.