SUNDER SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioner before this Court seeks quashing of the order of the Regional Level Committee dated 8.1.2013 whereby it has proceeded to approve the elections of the Committee of Management held on 26.2.2011. Facts in short leading to the present petition are as follows:

(2.) In the said elections, which took place on 26.2.2011, the petitioner also participated and contested the elections for the office of member of the Committee of Management but lost. The petitioner raised his objections with regard to the inclusion of 25 members in the electoral college and accordingly challenged the elections resulting in an order of the Regional Level Committee dated 2.8.2011 whereby the elections were disapproved on the ground that no material could be produced for establishing the legality or otherwise of inclusion of 25 members who were permitted to participate in the elections. Other grounds were also mentioned in support of the order including the ground that the list of members of the general body had not been published 11 months prior to the elections.

(3.) This order of the Regional Level Committee was challenged by the elected office bearers by means of Civil Misc. Writ Petition No. 52463 of 2011. The writ petition was allowed vide judgment and order dated 9.11.2011. The order of the Regional Level Committee was set aside. The Regional Level Committee was directed to examine the legality of the elections so held. It was specifically observed that the Regional Level Committee shall record its specific findings on three issues as noticed in the order of the High Court.