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2006 DIGILAW 2000 (ALL)

Sri RAGHUBAR DAYAL PATHAK INTER COLLEGE v. STATE OF UTTAR PRADESH

2006-08-21

AJOY NATH RAY, ASHOK BHUSHAN

body2006
JUDGMENT By the Court—This is an appeal from an order passed by an Hon’ble Single Judge on 1st of August, 2006 in aid of a writ petition filed by the respondent before us. 2. By that impugned order the operation of “the order dated 14.7.2006” has been stayed. 3. The document of the said date is not an order at all. It is a tentative voters list giving names of 54 voters, considered to be eligible. 4. This list was prepared for the purpose of holding elections which were directed to be held expeditiously as per an earlier order of the Court dated the 3rd of March, 2006, wherein the method and time frame of holding of the election and of raising objections to it were all finalised and clearly set out. 5. The said order had been appealed from, which appeal was also dismissed, and thus the order has become binding between the parties. 6. Roughly speaking, by the said order, the voters list has been directed to be prepared and elections held and regarding objections, his Lordship has directed that those would be filed before the Regional Joint Director of Education. 7. The objections are not to be filed during the time when the election process is going on. Whether the objections are to the list of voters or to the procedure and conduct of the elections, all those would have to await the conclusion of the election process. 8. The present writ has been filed in flagrant breach of the scheme which was set out by the Hon’ble Single Judge in the said earlier order. 9. We are of the prima facie opinion, prima facie because we are hearing an appeal from an interim order, that the writ petitioner had no right to file the writ and make objections which will inevitably have the result of delaying the election process by a long period of time. 10. With the greatest of respect we are of the opinion that the interim order without the giving of any reason should not have been passed in the circumstances of this case. 11. The order under appeal is set aside. Parties will take future steps in accordance with law. Our order is without prejudice to the rights and contentions of the parties in the writ petition or in any future proceedings. The appeal is allowed. Appeal Allowed. ————