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2016 Supreme(All) 2982

A.P.SAHI, ATTAU RAHMAN MASOODI
Darul Uloom Ghausiya Teghiya Rasoolabad Amethi – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant :- Girish Chandra Verma
For the Respondent:- C.S.C.

JUDGMENT

1. Heard Sri G.C. Verma, learned counsel for the appellants, Sri M.B. Singh, leaned counsel for the respondent Nos.3 and 4 and the learned Standing Counsel for the respondent Nos.1 and 2.

2. This Special Appeal has been filed questioning the refusal to exercise discretion in favour of the appellants to grant an interim relief as prayed for by the impugned order dated 7.4.2016 on the ground that the learned Single has not appreciated the issue of jurisdiction involved in the controversy and therefore, the observation that the elections shall be held subject to final decision of the writ petition, was not the appropriate relief.

3. A preliminary objection has been taken by the learned Standing Counsel to the maintainability of the Appeal contending that the Special Appeal is not maintainable against the impugned order. On this issue, the matter is no longer res integra in view of the Full Decision of our Court in the case of Ashutosh Shrotriya and others v. Vice-Chancellor, Dr. B. R. Ambedkar University and others [ (2015) 4 UPLBEC 2673 Para 34 (part), Para 36 (part) and para 37] which are extracted hereunder: -

"34. ... The judgment in Ghisai Ram Krishak Vidyalaya Samiti can























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