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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SHYAM SHAMSHERY
Committee of Management, Nawab Singh Chauhan Gramodaya Inter College – Appellant
Versus
State of UP – Respondent
JUDGMENT
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Present writ petition is filed by Committee of Management of Nawab Singh Chauhan Gramodaya Inter College, Aligarh through its Manager (Smt. Niharika Chauhan) whereas respondent-4 (Ravindra Singh Chauhan) has also claimed that he was the elected Manager of said Committee of Management.
2. Present case is arising out of a direction passed by this Court in Writ C No. 42499/2023 decided along with Writ C No. 12426/2022 filed by petitioners herein vide a judgment dated 16.07.2024 wherein following observations and directions were passed :-
“The outcome of the aforesaid discussion is that elections to a Committee of Management of an institution and its office- bearers are to be held in accordance with the Scheme of Administration. Any transgression from the scheme prescribed in the Scheme of Administration would invalidate the elections and any elections held according to the provisions of the Scheme of Administration cannot be rejected by the DIOS or the Regional Level Committee on the ground that the elections were not in accordance with the Government Order dated 21.11.2008. Under Section 16-A(7) of the Act, 1921, the educational authorities
Elections to the Committee of Management must comply with the Scheme of Administration to be valid; procedures and member admissions must adhere to prescribed protocols to ensure lawful election outc....
Elections for the Committee of Management of an educational institution must be conducted in accordance with the approved Scheme of Administration, and the provisions of the Uttar Pradesh Intermediat....
Elections held by a Committee of Management whose term has expired are valid if no Authorized Controller is appointed, and the Regional Level Committee's rejection of such elections is contrary to la....
A Committee of Management loses authority to conduct elections post-term expiry, necessitating an Authorized Controller to oversee elections, as per statutory provisions.
The judgment emphasizes the importance of fair and reasonable decision-making, adherence to principles of natural justice, and objective considerations in matters related to the recognition of electi....
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