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2025 DAILYLAW 30159 (ALL)

COMMITTEE OF MANAGEMENT, B.R.P. INTER COLLEGE, JAUNPUR AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/7820/2025 · 2025-03-17

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38312 Court No. - 32 Case :- WRIT - C No. - 7820 of 2025 Petitioner :- Committee Of Management, B.R.P. Inter College, Jaunpur And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinod Kumar Singh Counsel for Respondent :- C.S.C.,Ratnakar Upadhyay Hon'ble Saral Srivastava,J. 1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Vinod Kumar Singh, learned counsel for the petitioner and Sri R.K.Ojha, learned Senior Counsel assisted by Sri Ratnakar Upadhyay, learned counsel for the respondents. 2. The petitioner by means of the present writ petition has assailed the order dated 13.02.2025 passed by respondent no.2-Regional Level Committee, Varanasi Region, Varanasi. 3. Submission advanced by the learned counsel for the petitioner while challenging the impugned order is that while determining the validity of election, the Regional Level Committee has to record a finding on three issues, namely, that the election has been held by valid electoral roll; the election has been held in accordance with the Scheme of Administration; and whether the election has been held by a competent person. It is contended that there is no finding on the first two issues, namely, that the election has been held by valid electoral roll and election has been held in accordance with the Scheme of Administration. Accordingly, it is contended that the impugned order cannot be sustained. 4. Sri R.K. Ojha, learned Senior Counsel for the respondents submit that the respondents do not propose to file counter affidavit and the writ petition may be disposed off at this state. Though, he vehemently contended that the finding on the two issues, namely, that the election has been held in accordance with the Scheme of Administration and has been conducted by the valid electoral roll has been recorded, but he could not demonstrate from the record that the Regional Level Committee has recorded any finding on the aforesaid issues. Accordingly, he fairly submits that the matter may be remitted to the Regional Level Committee to decide the dispute afresh. 5. Accordingly, in view of the submissions advanced by the learned counsel for the parties, the impugned order dated 13.02.2025 passed by respondent no.2-Regional Level Committee, Varanasi Region, Varanasi is hereby set aside. The matter is remitted to the Regional Level Committee, Varanasi Region, Varanasi to decide the claim afresh strictly in accordance with law after giving due notice and opportunity of hearing to all the concerned parties expeditiously, preferably within a period of two months from the date of production of a certified copy of this order. 6. Consequently, the writ petition stands disposed off. Order Date :- 18.3.2025 NS Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad