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2016 DIGILAW 410 (ALL)

Anant Ram Singh v. State of U. P.

2016-02-02

D.Y.CHANDRACHUD, YASHWANT VARMA

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JUDGMENT Yashwant Varma, J. Before the learned Single Judge, the relief that was sought in the writ proceedings was to challenge the order of the District Inspector of Schools, Mirzapur dated 11 September 2015 determining the electoral college for the purpose of elections to the Committee of Management of an Intermediate College. The learned Single Judge noted that in an earlier writ petition, the same order was under challenge before a learned Single Judge of this Court who had dismissed the writ petition and a Division Bench in a special appeal had confirmed that order. The learned Single Judge in the present case has followed the same line of reasoning and has dismissed the writ petition with liberty to file a civil suit. 2. Before this Court in special appeal, it is not in dispute that the same order of the District Inspector of Schools dated 11 September 2015 was the subject matter of a challenge in earlier writ proceedings. The learned Single Judge having dismissed the writ petition, a special appeal was filed [Hansh Narayan Singh vs. State of U.P. and others (Special Appeal No.768 of 2015)]. The special appeal was dismissed with the following observations: "The learned Single Judge under the order impugned has rightly observed in the order dated 08.10.2015 that purely factual issues have been raised in the matter of service of notice before finalization of the electoral college for constitution of the Committee of Management as well as in the matter of enrollment of members of the general body. He has, therefore, refused to entertain the writ petition on the ground that such issues of fact cannot be examined in a writ jurisdiction at the first instance. We do not see any illegality in the order so passed by the Hon'ble Single Judge. However, we leave it open to the petitioner-appellant to file a civil suit wherein issues of fact can be examined more appropriately. Special appeal is dismissed." 3. In this view of the matter, the learned Single Judge in the present case is not in error in relegating the appellant to the remedy of a civil suit, following the earlier decision. In any event, we see no reason to entertain the special appeal since the issue as regards the validity of the members of the electoral college would raise several disputed factual issues which can be resolved in a suit. In any event, we see no reason to entertain the special appeal since the issue as regards the validity of the members of the electoral college would raise several disputed factual issues which can be resolved in a suit. The special appeal is accordingly dismissed. There shall be no order as to costs.