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2015 Supreme(All) 234

YASHWANT VARMA
RAM PYARE LAL – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
B.K. Mishra and H.N. Singh for the Petitioner; C.S.C., Shyam Kumar Gupta and Sunil Kumar Singh for the Respondents.

JUDGMENT

Hon’ble Yashwant Varma, J.—The challenge in the present petition is to an order dated 4th March, 2015 in terms of which the electoral college of the Society Sri Tilak Kisan Laghu Madhyamik Vidyalaya, Kamhariya, Post Padari Bazar, Tehsil Salempur, District Deoria has come to be finalized and an election schedule announced by the District Basic Education Officer, Deoria. As was noticed by this Court in its order dated 26th March, 2015, the learned counsel for the respondent No. 3 had raised a preliminary objection with regard to the maintainability of the writ petition and it was on the said objection alone that the learned counsel for parties were heard and orders reserved.

2. The basic grievance of the petitioner, who is a member of the General Body of the Society, is the non-inclusion of the names of 54 members in the list finalized by the respondent No. 5. Sri H.N. Singh, learned Senior Counsel appearing in support of the writ petition has submitted that the said respondent is patently illegal for that the non-inclusion of the 54 members will materially affect the results of the election. He has further submitted that insofar as the State of U.P. is concerned, the legisla























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