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Allahabad High Court · body

2013 DIGILAW 3128 (ALL)

C/M Bhartiya Shiksha Sadan Inter College and Another v. State of U. P. Thru Secy. and 3 Others

2013-12-20

ARVIND KUMAR TRIPATHI

body2013
Arvind Kumar Tripathi,J:- Ref: Civil Misc. Impleadment Application No. 366118 of 2013 And Civil Misc. Recall Application No. 366122 of 2013 Heard learned counsel for the applicant, learned counsel for the petitioner and perused the record. 2. The present recall application has been filed to recall the judgment and order dated 28.11.2013. 3. Learned counsel for the applicant contended that without disclosing the order passed in writ petition no. 48959 of 2013 and further writ petition nos. 48959 of 2013 and 16100 of 2011 are still pending, by means of the present writ petition no. 65212 of 2013, petitioner succeeded to get the direction from this Court to consider recommendation regarding confirmation of the election of the petitioner's committee alleged to have been held on 16.6.2013. He further contended that in writ petition no. 48959 of 2013, the applicant was claiming that election took place on 25.5.2013 and the petitioner was claiming that election took place on 16.6.2013. An objection was raised that unless writ petition no. 16100 of 2011 was decided, the authorities would be in difficulty in taking a decision with regard to the election held in 2013. Hence, the order dated 28.11.2013 by which the direction was issued to the District Inspector of Schools to consider the recommendation regarding confirmation of the election of the petitioner's committee on the basis of election held on 16.6.2013 is contradictory and is liable to be recalled. 3. Learned counsel for the petitioner opposed and submitted that the fact regarding pendency of the writ petition was mentioned in the writ petition and nothing was concealed. As far as the applicant who has moved application for recalling the order dated 28.11.2013 is concerned, he is outsider and he is not a member of the society. 4. Considered the submissions of learned counsel for the parties. Since writ petition no. 48959 of 2013 and 16100 of 2011 are still pending, the order dated 28.11.2013 is modified to the extent that before passing any final order with regard to the recognition of the election of the committee of the petitioner or of the rival party, an opportunity of hearing has to be given to the parties concerned including the applicant who is claiming that election took place on 25.5.2013. 5. Accordingly, both the application nos. 366118 of 2013 and 366122 are finally disposed off. ________________