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2017 DIGILAW 688 (ALL)

Rais Ahmad v. State of U. P. Thru Secy.

2017-03-03

ASHOK KUMAR, V.K.SHUKLA

body2017
JUDGMENT Rais Ahmad describing himself as Manager of Committee of Management of Azad Memorial Inter College, Dasna, Ghaziabad is before this Court assailing the validity of order dated 08.12.2016 passed by learned Single Judge wherein the learned Single Judge has proceeded to set aside the order dated 27.08.2016 passed by Regional Level Committee recommending the elections of the Committee of Management Institution conducted by respondent no.4 on 16.12.2015. Shri N.L. Pandey, counsel for the appellant submitted with vehemence that learned Single Judge has not taken care of various aspects of the matter that clearly supported the version of the appellants and as such, the order passed is liable to be set aside. Shri Rajesh Yadav, Advocate, on the other hand, contended that rightful order has been passed by learned Single Judge and the matter has been send back to be decided afresh and whatever issues are being sought to be raised by the appellant before this Court, the same can be very well raised before the Regional Level Committee and the facts that have been sought to be submitted has no legs to stand. After respective arguments have been advanced, we proceed to take note of the fact that against this very order awarding cost, incumbent against whom cost has been imposed, proceeded to file Special Appeal No.31 of 2017 (Mahendra Dev vs. State of U.P. and others) and this Court, in its turn, has proceeded to dismiss the appeal on 17.01.2017 in following manner: - "Heard Mr. N.L. Pandey, learned counsel for the appellant and Mr. Rajesh Yadav, learned counsel for respondent nos. 4 and 5. Though the appeal is filed against the order dated 08.12.2016 passed in Writ-C No. 44930 of 2016, counsel for the appellant confined his argument only against the order imposing costs, quantified at Rs. 1,000/-, expressing disapproval of the manner in which the respondents had proceeded to pass the impugned order, recognizing a wholly invalid election. Having regard to the quantum of costs as also the observations made in the order for setting aside the order of the Regional Level Committee, we do not find any reason to set aside the costs imposed while disposing of the writ petition. Having regard to the quantum of costs as also the observations made in the order for setting aside the order of the Regional Level Committee, we do not find any reason to set aside the costs imposed while disposing of the writ petition. The appeal is dismissed." Learned Single Judge at the point of time when he has proceeded to allow the Writ Petition in question on 08.12.2016, he has remanded the matter back to be reconsidered by Regional Level Committee and once the matter in question has been asked to be reconsidered by the Regional Level Committee and it is being sought to be contended before us that various facets of the matter has been ignored by the Learned Single Judge while deciding the dispute whereas arguments to the similar effect are being advanced qua the decision making process, adopted by Regional Level Committee, we leave it open to the appellant to raise all such issues as are available before the Regional Level Committee and we also leave it open to the respondents to rebut all such issues that is sought to be raised by the appellant as it is expected that the Regional Level Committee after providing opportunity of hearing to the parties would proceed to decide the dispute in question in accordance with law with open mind, preferably within next four months from the date of production of certified copy of this order. In view of this, with the aforementioned liberty present Special Appeal in question is disposed of.