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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Manoj Sharma – Appellant
Versus
Union Of India – Respondent
JUDGMENT
C.M. No. 34510/2022
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 11634/2022
3. The present Petition has been filed as Public Interest Litigation (PIL) by Mr. Manoj Sharma, against Delhi Public School Society (DPSS) without impleading the DPSS as Respondents.
4. The Petitioner in the Writ Petition has made allegations against the Chairman of the Society - Sh. V. K. Shunglu, and has gone to the extent in saying that the Chairman, DPSS has cheated the Government of India.
5. The Petitioner has also raised a grievance in respect of the elections of the Society, and after alleging mismanagement of the Society, which is registered under the Society Registration Act, 1860, has prayed for the following reliefs:
'(i) Pass an appropriate order/s, direction/s to appoint an administrator who may be a Retired Judge of the Hon'ble Supreme Court to oversee the day-to-day affairs of the Society till the time a fair and transparent body of member is inducted in the DPSS; and
(ii) Pass an appropriate order/s, direction/s to Direct Forensic Audit of the accounts of the Society; and
(iii) Pass an appropriate order/s, direction/s freezing the bank
Relief sought in a PIL cannot be granted without hearing the respondents, and election disputes should be addressed in the appropriate forum.
A Public Interest Litigation cannot proceed without impleading necessary parties, and electoral disputes should not be resolved through such mechanisms.
The court emphasized the importance of adhering to the affiliation bye-laws and directed CBSE to take strict action against schools violating these bye-laws.
A Manager of a Committee of Management cannot initiate a writ petition without prior authorization from the Committee, thus impacting the maintainability of such petitions.
The main legal point established is that when there is a specific remedy provided under a statute governing the disputes raised before a court of law, no party can be allowed to choose an alternative....
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