LAWS(ALL)-2004-8-259

CHANDRASHEKHAR PANDEY Vs. STATE OF U P

Decided On August 11, 2004
CHANDRASHEKHAR PANDEY Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard Sri A. P. Tiwari on behalf of the petitioner, Sri R. K. Ojha on behalf of respondent No. 4 and the standing counsel on behalf of respondent Nos. 1, 2 and 3.

(2.) Sri Chandrashekhar Pandey, the outgoing President of the Committee of Management of Pandit Deen Dayal Shiksha Samiti, Pipraich, Gorakhpur, has filed this writ petition against the decision of the Regional Level Committee taken in its meeting held on 2.5.2003, contained in Annexure-13 to the writ petition, as also against the consequential action taken in pursuance thereof by the District Inspector of Schools dated 29.5.2003, contained in Annexure- 14, whereby the signature of Sri Hari Lal Ram Rayaka has been attested as Manager of the Committee of Management of the said institution.

(3.) It is not in dispute that the last elections of the Committee of Management had taken place in the year 1999. In the said elections the petitioner Chandrashekhar Pandey was elected as President while Sri Hari Lal Ram Rayaka was elected as Manager. Since the term of the Committee of Management was due to expire in the month of August, 2002 proceedings for holding fresh elections of the Committee of Management were initiated. From the order of District Inspector of Schools dated 23.10.2002, Annexure-2 to the writ petition, it is established beyond doubt that the District Inspector of Schools required the President and the Manager of the institution to submit a list of the members of the general body signed by them jointly.