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2004 Supreme(All) 1813

ARUN TANDON
Committee of Management, Janta Inter College Sohsa-Mathia (Kushi Nagar) – Appellant
Versus
Joint Director of Education-VII Gorakhpur Region, Gorakhpur – Respondent


Advocates:
Counsel for the Petitioners: Anil Bhushan and J. K. Pandey.
Counsel for the Respondents: Krishna Mohan Singh. S. C.

JUDGMENT

Arun Tandon, J.—Heard Sri Anil Bhushan on behalf of the petitioner. Learned standing counsel on behalf of respondent Nos. 1 and 2. Sri Krishna Mohan Singh on behalf of newly added respondent No. 3.

2. Committee of Management Janta Inter College Sohsa Mathia (Kushi Nagar) through its alleged Manager Bhagwan Mishra has filed this writ petition against the order of the District Inspector of Schools dated 2nd September, 2002. By means of the said order the District Inspector of Schools has held that in view of the report of the Paryavekshak, elections of the Committee of Management which were scheduled for 30th June, 2002, have not been held from amongst valid members of the general body and further the Paryavekshak had postponed the aforesaid elections. It has further been directed that the petitioners may submit their objections with regards to voter list, which have been forwarded by the President of the Committee of Management so that fresh elections may be held and a Paryavekshak may be appointed for the fresh elections.

3. On behalf of the petitioner it is contended that the aforesaid order of the District Inspector of Schools is wholly without jurisdiction inasmuch as un












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