MAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the petitioner, Sri S.K. Pal for the respondent No. 5 and learned Standing Counsel for the respondent Nos. 1 to 4. The elections of the Committee of Management of Ballabh Bhai Patel Inter College, Chunar, Mirzapur, were to be held and the election programme was announced by the Election Officer on 11.8.2012. The respondent No. 5 at that stage filed Civil Misc. Writ Petition No. 46233 of 2012 praying that the elections are going to be held without finalisation of the electoral College. The said writ petition was dismissed as premature leaving it open to the said respondent to raise objections as and when the occasion arises. The judgment of the Court dated 12.9.2012 is quoted hereunder:

(2.) The elections were being proceeded with and it appears that this information was given by the petitioner to the Sub-Divisional Magistrate, Chunar, Mirzapur, through an application. The said authority on 13.9.2012 passed an order that the elections should be held from amongst the old list or else the election be stayed. It is this order which has been challenged contending that the order is without jurisdiction.

(3.) Sri Pal, learned Counsel for the contesting respondents, has very fairly stated that this order is indefensible in law. The learned Standing Counsel has not taken any different stand. The order dated 13.9.2012 is absolutely without jurisdiction as it interferes with the election process that too by the Sub-Divisional Magistrate, who has no authority to pass such orders with regard to the elections of the Management or an Inter College. The writ petition is allowed. The order dated 13.9.2012 is hereby quashed.