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2011 Supreme(All) 161

A.P.SAHI
COMMITTEE OF MANAGEMENT, GRAMIN VIKAS INTER COLLEGE, JAUNPUR – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
M.K. Tripathi and Ashok Khare for the Petitioners; C.S.C., P.N. Tripathi and Anil Bhushan for the Respondents.

JUDGMENT

Hon’ble A.P. Sahi, J.—The matter was heard on 18.1.2011.

2. The challenge to the order of the Joint Director of Education has been raised on several grounds whereby the Joint Director of Education had accepted the elections of the respondent No. 5 dated 12.4.2009. The following interim order was passed after having heard learned counsel for the parties.

Heard Sri Ashok Khare learned senior counsel for the petitioner, Sri Anil Bhushan for the respondent No. 5 and Sri P.N. Tripathi for the respondent No. 6.

The challenge in this petition is to the order dated 27.12.2010 passed by the Joint Director of Education respondent No. 3 recognising the elections claimed by the respondent No. 5 to have been held on 12.4.2009.

Apart from other grounds the main ground of challenge is that the said elections dated 12.4.2009 could not have been recognised inasmuch as the elections were held through one Kalp Nath Maurya who was the then Manager continuing on the strength of a status quo order passed by this Court on 9.4.2003 in Writ Petition No. 15188 of 2003. The said writ petition was admittedly dismissed as infructuous on 12.11.2009.

Sri Khare learned senior counsel contends that the ord
















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