Court No. - 39
Case :- WRIT - C No.
- 9177 of 2010
Petitioner :- C/M, Kisan
Inter College & Anr.
Respondent :- State Of U.P.
Thru. Secr. Madhyamik Education &
Ors.
Petitioner Counsel :- Yogesh
Kr. Saxena
Respondent Counsel :- C.S.C.
Hon'ble Dilip Gupta,J.
The
petitioners have sought the quashing of the decision taken by
the
Regional Level Committee on 27th January, 2010 by which
though
the election of the Committee of Management of the
Institution
held on 14th May, 2006 in which petitioner No.2
Shailendra
Gupta was elected as the Manager has been recognised,
but a
direction has also been issued to the District Inspector of
Schools
to get fresh the elections held by an Observer since the
term
of the Committee of Management elected on 14th May, 2006
has
come to an end.
Learned
counsel for the petitioners submitted that the petitioner-
Committee
of Management had infact held the election on 10th
May,
2009 before the expiry of three years and, therefore, there
was no
necessity of issuing the direction. There is nothing on the
record
to indicate that this fact had been brought to the notice of
the
Regional Level Committee by the petitioners.
There
is, therefore, no infirmity in the decision taken by the
Regional
Level Committee.
The
writ petition is, accordingly, dismissed.
Order Date :- 19.2.2010
Hon’ble
Dilip Gupta, J
The petitioners have sought the
quashing of the decision taken by the Regional Level Committee on 25th
January, 2010 by which the elections of the respondent Committee of Management
held on 14th May, 2006 have been approved and a direction for
holding of fresh elections has been given.
It is the contention of Sri Yogish
Kumar Saxena, learned counsel appearing for the petitioners that the terms of
the Committee of Management elected in the year 2006 had come to an end in 2009
and subsequently the claims filed by the rival Committee of Management before
the District Inspector of Schools were submitted to the Regional Level
Committee at Allahabad but without taking any decision on the elections held in
year 2009 the Regional Level Committee has directed for holding fresh
elections.
The matter requires examination.
Learned Standing Counsel appears for
respondent Nos. 1,2, and 3. Issue notice to respondent No.4 by Registered Post.
Steps may be taken within a week. The respondents may file a counter affidavit
within four weeks. Rejoinder affidavit, if any, may be filed within two weeks’
thereafter.
List this petition for
admission/hearing immediately after the expiry of the aforesaid period.
Till the next date of listing, the
elections directed by the Regional Level Committee by the order dated 25th
January, 2010 shall not be held.
Order Date: 16.2.2010
IN THE HON’BLE HIGH COURT OF
JUDICATURE AT ALLAHABAD
I N D E X
IN
COUNTER AFFIDAVIT
(On
behalf of Respondent no.4)
(Alongwith)
CIVIL MISC. STAY VACATION
APPLICATION NO. OF 2010
IN
CIVIL MISC. WRIT PETITION NO. 8166
OF 2010
(DISTRICT –
AURAIYA)
Committee
of Management, Kisan
Inter College,
Bhagya Nagar, Auraiya through its Manager Sri Ashok Yadav and others
-------------------------------------Petitioners
Versus
State of U.P. and others-----------------------------------Respondents
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Sl.no.
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Particulars.
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Dates.
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Annx.
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Pages.
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1.
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Stay Vacation Application
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2.
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Counter Affidavit.
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3.
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Copy
of the order passed in writ petition no. 8166 of 2010.
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16.2.2010
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CA-1
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4.
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Copy
of the order passed in writ petition no. 9177 of 2010.
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19.2.2010
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CA-2
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5.
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Copy
of the judgement passed in writ petition no. 44489 of 2003 and writ petition
no. 41453 of 2006.
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10.8.2006
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CA-3
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6.
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Copy
of the judgement passed in writ petition no. 47402 of 2006.
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6.9.2006
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CA-4
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7.
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Copy
of the Index in Special Appeal no. 1241 of 2006.
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CA-5
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8.
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Vakalatnama
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Dt/- Mar, 2010 ( YOGESH KUMAR SAXENA )
Advocate.
Counsel for the Respondent no.4
Chamber no. 139, High Court,
Allahabad.
IN THE HON’BLE HIGH COURT OF
JUDICATURE AT ALLAHABAD
CIVIL MISC. STAY VACATION APPLICATION
NO. OF 2010
(Under Section 151 of the
C.P.C.)
On behalf of
Committee of Management, Kisan Inter
College, Bhagya Nagar, Auraiya through its Manager Sri Shailendra Gupta.
--------------------Applicant/
Respondent no.4.
IN
CIVIL MISC. WRIT PETITION NO. 8166 OF 2010
(DISTRICT – AURAIYA)
1. Committee of Management, Kisan Inter
College, Bhagya Nagar, Auraiya through its Manager Sri Ashok Yadav.
2. Sri Ashok Yadav, Manager, Committee
of Management, Kisan Inter College, Bhagya Nagar, Auraiya.
3. Sri Raj Narayan Saxena, President,
Committee of Management, Kisan Inter College, Bhagya Nagar, Auraiya.
--------------------------------Petitioners
Versus
- State of U.P. through Principal Secretary, Secondary Education, U.P. Lucknow.
- District Inspector of Schools, Auraiya, District Auraiya.
- Regional Joint Director of Secondary Education, Allahabad Region, Allahabad.
- Committee of Management, Kisan Inter College, Bhagya Nagar, Auraiya through its alleged Manager Sri Shailendra Gupta.
-------------------------------Respondents.
To,
The Hon’ble the Chief Justice and his
other companion Judges of the aforesaid Court.
The humble application of the abovenamed
applicant/ Respondent no.4 most respectfully showeth as under :-
1. That this application will be filed
on _____________ and it is to be listed on_________________.
2. That the full facts and
circumstances of the case have been stated in the accompanying counter
affidavit, it is expedient in the interest of justice that this Hon’ble Court
may graciously be pleased to allow this application and to vacate interim order
dated 16.2.2010 passed by this Hon’ble Court in the abovenoted writ petition.
P R A Y E R
It is, therefore, most respectfully
prayed that this Hon’ble Court
may graciously be pleased to allow this application and to vacate interim order
dated 16.2.2010 passed by this Hon’ble
Court in the abovenoted writ petition.
Dt/- Mar, 2010 ( YOGESH KUMAR SAXENA )
Advocate.
Counsel for the Respondent no.4
Chamber no. 139, High Court,
Allahabad.
IN THE HON’BLE HIGH COURT OF
JUDICATURE AT ALLAHABAD
COUNTER AFFIDAVIT
On behalf of
Committee of Management, Kisan Inter
College, Bhagya Nagar, Auraiya through its Manager Sri Shailendra Gupta.
--------------------Applicant/ Respondent no.4.
IN
CIVIL MISC. WRIT PETITION NO. 8166
OF 2010
(DISTRICT –
AURAIYA)
Committee of Management, Kisan Inter
College, Bhagya Nagar,
Auraiya through its Manager Sri Ashok Yadav and others
-------------------------------------Petitioners
Versus
State of U.P. and others-----------------------------------Respondents
Affidavit of Shailendra
Gupta, aged about 29 years, son of Sri Prem Chandra Gupta, Manager, Committee
of Management, Kisan
Inter College,
Bhagya Nagar, Auraiya, resident of Khanpur, Phaphund, Post office Bhagya Nagar,
District Auraiya.
( Deponent )
I, the
deponent above-named, do hereby solemnly affirm and state on oath as under: -
1.
That
the deponent is the Manager, Committee of Management, Kisan Inter
College, Bhagya Nagar,
Auraiya, who has been impleaded as respondent no.4 in the abovenoted writ
petition and as such the deponent is well acquainted with the facts of case
deposed to below.
2.
That
the contents of the writ petition as well as its annexure filed by petitioners
have been read-over and explained to the deponent and the deponent has fully
understood the contents thereof to reply them parawise in the present counter
affidavit.
3.
That
following order has been passed in the abovenoted writ petition no. 16.2.2010,
which is reproduced as under :-
Hon’ble
Dilip Gupta, J
The petitioners have sought the
quashing of the decision taken by the Regional Level Committee on 25th
January, 2010 by which the elections of the respondent Committee of Management
held on 14th May, 2006 have been approved and a direction for
holding of fresh elections has been given.
It is the contention of Sri Yogish
Kumar Saxena, learned counsel appearing for the petitioners that the terms of
the Committee of Management elected in the year 2006 had come to an end in 2009
and subsequently the claims filed by the rival Committee of Management before
the District Inspector of Schools were submitted to the Regional Level
Committee at Allahabad but without taking any decision on the elections held in
year 2009 the Regional Level Committee has directed for holding fresh
elections.
The matter requires examination.
Learned Standing Counsel appears for
respondent Nos. 1,2, and 3. Issue notice to respondent No.4 by Registered Post.
Steps may be taken within a week. The respondents may file a counter affidavit
within four weeks. Rejoinder affidavit, if any, may be filed within two weeks’
thereafter.
List this petition for
admission/hearing immediately after the expiry of the aforesaid period.
Till the next date of listing, the
elections directed by the Regional Level Committee by the order dated 25th
January, 2010 shall not be held.
Order Date: 16.2.2010
4.
That
the aforesaid order has been obtained by the petitioner Ashok Yadav, nor only
by misleading to the majesty of this Hon’ble Court having an anticipation for
maintaining the scrupulous regard to the truthfulment of the statement, but
also by committing fraud upon this Hon’ble Court. There has been false
statements made in the writ petition, which has been sworn and affirmed on oath
by one Ved Prakash Gupta without disclosing the fact that in what manner he is
associated with the petitioner’s identity. The filing of present writ petition
is also an abuse of process in a calculated manner just to hamper the due
administration of justice by exercising pernicious influence between parties,
which may tantamount as criminal contempt committed by petitioners. The reasons
for the aforesaid averments are started in the subsequent paragraphs dealing
with the averments made in the present writ petition and as such it may take
note of the subsequent paragraph in arriving out to definite conclusion
regarding aforesaid abuse of process of this Hon’ble Court.
5.
That
on account of these facts the Hon’ble
Court has not been apprised with the correct
position and granted interim order which is reproduced in the earlier
paragraph. It is submitted that deponent/ respondent no.4 filed writ petition
no. 9177 of 2010 by stating the correct facts brought on the record in the said
writ petition and on the basis of the aforesaid facts submitted in the writ
petition no. 9177 of 2010 filed by the duly elected committee of management
managed by the deponent Shailendra Gupta, the order which is challenged in the
present writ petition and has been stayed till the next date of listing, has
been finally affirmed in the writ petition no. 9177 of 2010 filed by deponent
of this counter affidavit. The order and judgement passed in writ petition no.
9177 of 2010 is reproduced as under:-
Hon’ble
Dilip Gupta, J
The petitioners have sought the
quashing of the decision taken by the Regional Level Committee on 27th
January, 2010 by which though the election of the Committee of Management of
the Institution held on 14th May, 2006 in which petitioner No.2 Shailendra
Gupta was elected as the Manager has been recognized, but a direction has also
been issued to the District Inspector of Schools to get fresh the elections
held by an Observer since the term of the Committee of Management elected on 14th
May, 2006 has come to an end.
Learned counsel for the petitioners
submitted that the petitioner- Committee of Management had infact held the
election on 10th May, 2009 before the expiry of three years and,
therefore, there was no necessity of issuing the direction. There is nothing on
the record to indicate that this fact had been brought to the notice of the
Regional Level Committee by the petitioners.
There is, therefore, no infirmity in
the decision taken by the Regional Level Committee.
The writ petition is, accordingly,
dismissed.
Order Date: 19.2.2010
The true copy of the order dated 16.2.2010 passed in writ petition no.
8166 of 2010 and order and judgement dated 19.2.2010 passed in writ petition
no. 9177 of 2010 are being filed herewith and marked as Annexure-C.A.1
& 2 to this affidavit.
6.
That
it is pertinent to mention here that in compliance of the aforesaid judgement
dated 19.2.2010, the Supervisor was appointed from the office of District
Inspector of Schools Auraiya and since the election of the deponent Committee
of Management conducted in the year 2006 on 14.5.2006 were recognized by the
order dated 25/27.1.2010 and thereafter the deponent committee of management
held the election on 10.5.2009, but since the order having the recognition
given to the deponent’s committee of management was passed on 25/27.1.2010 and
as such the directions contained for having the appointment of supervisor by
the District Inspector of Schools and for conducting the election in compliance
of the order dated 25/27.1.2010 have again been conducted having the
affirmation to earlier election conducted on 14.5.2006, 10.2.2009 and on
14.3.2010 duly elected the deponent’s committee of management in the
institution. Thus the interim order obtained in the present writ petition on 16.2.2010
is liable to be vacated as it is in direct conflict to the judgement dated
19.2.2010 passed in writ petition no. 9177 of 2010.
7.
That
at the vary out set, it is submitted that on the admitted fact and the pleading
made, it is crystal clear that the order dated 10.8.2006 filed as Annexure no.1
to the writ petition has already lost its existence as the aforesaid order was
recalled by Joint Director of Education himself in the light of judgement
passed in writ petition no. 44489 of 2003 and 41453 of 2006 filed by petitioner
and deponent respectively in view of the fact that judgement dated 6.9.2006
passed in writ petition no. 47402 of 2006 attended the finality after dismissal
of Special Appeal no. 1241 of 2006 filed against judgement dated 6.9.2006
passed in writ petition no. 47402 of 2006, the stress and the significant has
been provided to order dated 10.8.2006, which is a clear cut case of misleading
to the majesty of this Hon’ble Court and the deponent of writ petition Ved
Prakash Gupta may be prosecuted for committing criminal contempt in exercise of
the power conferred upon this Hon’ble Court under Article 215 of the
Constitution of India. The true copy of the judgment passed on 10.8.2006 in
writ petition no. 44489 of 2003 and 41453 of 2006, judgement passed on 6.9.2006
in writ petition no. 47402 of 2006 and Index of Special Appeal no. 1241 of 2006
filed by Ashok Yadav challenging the judgement dated 6.9.2006 directing Ashok
Yadav to deposit Rs. 20,000/- in the Bank Account of the institution are filed
herewith and marked as Annexure
C.A.3,4 and 5 to this affidavit.
8.
That
Ashok Yadav was not even eligible to take participation in the election
conducted in 2003 as per the own averments made by a rank usurper and out sider
namely Ashok Saxena filing writ petition no. 36236 of 2008 by stating that
Ashok Yadav tendered his resignation, but this fact has not brought to the
notice of this Hon’ble Court that writ petition no. 36236 of 2008 was not filed
by the present petitioner, but by one Ashok Saxena alleging himself to be the
Manager/ Secretary of committee of management of Kisan Educational Society
Bhagya Nagar, Auraiya. Thus a fraud has been committed by filing the present
writ petition alleging Ashok Yadav as Manager/ Secretary of committee of
management of the institution and the society in the election conducted in
2006, while on their own showing of the election proceedings there was cutting
over the name of Ashok Yadav shown having the name of Ashok Kumar Saxena. It is
submitted that prescribed authority after taking the note that there is no such
person ever elected has passed the order on 25.6.2009 against which a writ
petition no. 38614 of 2009 has filed, in which the deponent has already filed
his counter affidavit alongwith application filed under section 340 Cr.P.C. for
prosecuting deponent of writ petition no. 36236 of 2008.
9.
That
in this manner there was no occasion of submitting the application dated
19.5.2009 before District Inspector of Schools, Auraiya by Ashok Yadav, nor any
particular of person filing such application before District Inspector of
Schools, Auraiya has been brought on the record while filing Annexure-5 to the
writ petition.
10.
That
in this manner there cannot be any election ever conducted by the committee of
management, which never remained in existence and once it was admitted that
Ashok Yadav ceased to remain as the Manager, the filing of the present writ petition
by Ashok Yadav is in itself an abuse of process as neither any submission were
placed by Ashok Yadav or by Ved Prakash Gupta before Joint Director of
Education Allahabad Region Allahabad and as such Ashok Yadav has no right
/power to filed present writ petition on behalf of committee of management and
the present writ petition is liable to be dismissed with exemplary cost leveled
against the petitioners.
PARAWISE
REPLY
11.
That
in reply to the contents of paragraph no. 1 of the writ petition, it is submitted
that Ashok Yadav representing himself to be the Manager of committee of
management has no right to challenge the order passed on 25/27.1.2010 passed by
Regional level Committee presided over by Joint Director of Education,
Allahabad Region, Allahabad. The aforesaid order has been passed in compliance
of the judgement dated 10.8.2006 passed in writ petition no. 41453 of 2006
connected with writ petition no. 44489 of 2003. Despite the fact that order
dated 10.8.2006 was in itself set aside by passing an order dated 31.8.2006 in
compliance of the aforesaid judgement dated 10.8.2006 passed by this Hon’ble
Court and the matter was relegated to the Regional Level Committee, Allahabad
Region, Allahabad by order of Joint Director of Education Kanpur Region,
Kanpur, on an obsolete, redundant and non-existent order has been filed as
Annexure no.1 to the writ petition in order to mislead the Hon’ble Court by
exercising pernicious influence through the reprehensible conduct of the
petitioner in filing the present writ petition. Thus the petitioner has no
right to challenge the order dated 25/27.1.2010 as he himself never appear
before Regional Level Committee despite number of opportunity and the
subsequent reminders were given to him to place his submissions. It is
submitted that on the other hand Ashok Yadav was replaced by Ashok Kumar Saxena
alleging himself to be Secretary/ Manager of the society by cutting the name of
Ashok Yadav and writing Ashok Saxena in place of Ashok Yadav. Thus which of
these two individual is claiming to be the manager in pursuance of earlier
alleged election said to have been conducted by rival claimants of Raj Narayan
Saxena committee of management and as such the writ petition may be dismissed
with exemplary cost against petitioner.
12.
That
the contents of the paragraph nos. 2 and 3 of the writ petition call for no
reply.
13.
That
in reply to the contents of the paragraph no.4 of the writ petition, it is
submitted that Ashok Yadav, filing the present writ petition was inherently
incapable to contest said election alleged to have been conducted on 25.5.2003
as he became member of society only on 26.3.2006. Thus no right could have been
set up by Ashok Yadav, filing the writ petition on the election conducted on
25.5.2003.
14.
That
in reply to the contents of the paragraph no.5 of the writ petition, it is
submitted that it has not been disclosed by Ashok Yadav, filing the present
writ petition, that Joint Director of Education by the order dated 11.9.2003
recognised the committee of management belonging to respondent no.4 as
Assistant Manager as the signature of Ram Sewak Gupta were attested by the
District Inspector of Schools. The writ petition no. 44489 of 2003 filed
against said order was dismissed as withdrawn by Ved Prakash Gupta. However, subsequently
thereafter on account of ailments of Ram Sewak Gupta, the deponent Shailendra
Gupta was recognised as Manager by an order dated 18.4.2006 and thereafter
election was conducted by the out going committee of management on 14.5.2006,
which has been duly recognised by Regional Level Committee as the only valid
election conducted pertaining to the committee of management of institution.
Thus averments made in paragraph no.5 of the writ petition alleging any other
election said to have been conducted on 23.5.2003 is totally uncalled for and
has no relevance in the matter. However, the election dated 23.5.2006 has also
been denounced by Regional Level Committee as well as by the President of rival
claimants namely Raj Narayan Saxena setting up the case in favour of Ashok
Saxena as Ashok Yadav by their own admission became member only on 26.3.2006 as
indicated by alleged Ashok Saxena before this Hon’ble Court (Page 30 last
portion of order of Prescribed authority). Thus the contents of paragraph no.5
of the writ petition are emphatically denied as baseless, misconceived,
ill-advised and uncalled for.
15.
That
in reply to the contents of the paragraph no. 6 of the writ petition, it is
submitted that 12 members are elected for the committee of management, while 3 members
in addition to aforesaid elected members are Paden Members having total
strength of 15 members and these Paden Members are elected every year from
amongst the staff of institution. Thus the contents of the paragraph no.6 of
the writ petition are emphatically denied.
16.
That
in reply to the contents of the paragraph no. 7 of the writ petition, it is
submitted that order dated 10.8.2006 passed by Joint Director of Education,
Kanpur Region, Kanpur is an obsolete, redundant and non-existent order by the bare
perusal of order of Regional Level Committee passed on 25/27.1.2010 as the said
order was declared null and void by Joint Director of Education, Kanpur Region,
Kanpur by passing another order dated 31.8.2006 itself and relegating the
matter to Regional Level Committee Allahabad Region, Allahabad wherein on the
date fixed on 26.3.2006, 13.10.2006, 2.8.2008, 2.12.3009 and 23.12.2009 no one
on behalf of alleged rival committee of management had ever appeared before
Regional Level Committee Allahabad Region Allahabad. Thus the contents of the
paragraph no. 7 of the writ petition are based on falsehood and a fraud has
been committed by petitioner in relying order dated 10.8.2006 and also filing
the same in the present writ petition, which is non-existent and redundant. The
contents of the paragraph no.7 of the writ petition are denied.
17.
That
in reply to the contents of the paragraph nos. 8,9, and 10 of the writ
petition, it is submitted that again a false statement has been given by
stating therein that Regional Level Committee presided over by Joint Director
of Education, Kanpur Region Kanpur recognised the petitioners election by an
order dated 10.8.2006, which is non-existent. Similarly it has been submitted
that Ashok Yadav was not even the member of society and as such the name of
Ashok Yadav was score down from the proceedings of the alleged election said to
have been conducted on 23.5.2006. It is submitted in the order itself that
Ashok Yadav was replaced by Ashok Saxena as Ashok Yadav being District President
of Samajwadi Party Auraiya and on account of his criminal antecedents was
detained under National Security Act. It has been stated on Page No. 29 of the
Paper-book that name of Ashok Yadav was cut-down and name of Ashok Saxena was
shown to be inserted and as such the averments made in paragraph no.8 of the
writ petition are glaring example of mis-representation and falsehood committed
upon majesty of this Hon’ble Court by alleging therein that Ashok Yadav was
recognised as Secretary/Manager of society.
It is also the false statement that Ashok Yadav filed writ petition no.
36236 of 2008, but on the other hand the said writ petition was filed not by
Ashok Yadav, but by one Ashok Kumar Saxena alleging himself to by Manager/
Secretary of alleged society (relevant portion is on the opening paragraph of
judgement passed in writ petition no. 36236 of 2008 on Page 33 of the
Paper-book). As already submitted in earlier paragraph (in reply to paragraph
no.6 of the writ petition) that 12 members are elected in general election
while 3 members are Paden Members taken from the teaching staff including
Principal of institution. Thus the question of having been elected all 15
members in the general election of the committee of management is again an
incorrect statement. Thus in view of the fact, neither the recognition can be
adhered in favour of Ashok Yadav by the obsolete order dated 10.8.2006, nor
Ashok Yadav can get any benefit from judgement passed in writ petition no.
36236 of 2008, having denouncing of claim of Ashok Yadav even as ordinary
member of society in the said writ petition. Thus the contents of the paragraph
no. 8, 9 and 10 of the writ petition meant for mis-representation regarding
identity of Secretary/ Manager of institution in the alleged earlier election,
hence the same are emphatically denied.
18.
That
in reply to the contents of paragraph no. 11 of the writ petition, it is
submitted that the writ petition no. 38614 of 2009 has again been filed by
Ashok Kumar Saxena alleging himself to be the member of Kisan Education
Society, wherein a detailed counter affidavit has been filed on behalf of
Shailendra Gupta, validly elected Manager of the institution in the election
conducted on 14.5.2006 and subsequently present election of committee of management
conducted in compliance of judgement dated 19.2.2010 passed in writ petition
no. 9177 of 2010 having affirmation to the order passed on 25/27.1.2010. Thus
the contents of paragraph no. 11 of the writ petition are emphatically denied
as false, misconceived statement stated on oath by the petitioner.
19.
That
in reply to the contents of paragraph no. 12 of the writ petition, it is
submitted that Ashok Yadav, the petitioner in the present writ petition had
unauthorisedly withdrawn an amount of Rs. 20,000/- from the Account of
Management, despite the fact that on 31.8.2006 he himself denounced to continue
as Manager of institution. Thus the directions were issued on 6.9.2006 in writ
petition no. 47402 of 2006 to deposit the aforesaid amount of Rs. 20,000/- by Ashok
Yadav, filing the present writ petition. It is submitted that a Special Appeal
No. 1241of 2006 was also dismissed filed against judgement and order dated
6.9.2006. Thus no right could have been accrued in favour of Ashok Yadav,
filing the present writ petition on the basis of alleged election, nor any
further election was ever conducted as alleged on 17.5.2009. It is also
falsehood to state that any such paper as alleged to have been submitted on
19.5.2009 to the District Inspector of Schools, there was no right vested with
Ashok Yadav at any point of time according to their own Office-bearer including
his President of society namely Raj Narayan Saxena in participating in the
election said to have been conducted in 2003, 2006 and also in 2009. Thus the filing
of the papers pertaining to the alleged election dated 17.5.2009 to the
District Inspector of Schools on 19.5.2009 are emphatically denied as baseless
and misconceived. The petitioner may be directed to produce entire election
proceedings of alleged election said to have been conducted on 17.5.2009
regarding which he alleges to send his papers on 19.5.2009 to the District
Inspector of Schools, Auraiya.
20.
That
in reply to the contents of paragraph nos. 13 and 14 of the writ petition, it
is again falsehood that Regional Joint Director of Education Kanpur Regional
Kanpur issued notice on 13.8.2009 with regard to alleged election, nor it was
ever been directed by Joint Director of Education Kanpur Region to approach
Regional Joint Director of Education Allahabad Region. Thus filing of writ
petition no. 52529 of 2009 was totally uncalled for and the deponent has not
been apprised by the alleged order dated 9.10.2009 passed in the alleged writ
petition no. 52529 of 2009. Thus the contents of paragraph nos. 13 and 14 of
the writ petition are emphatically denied as baseless and misconceived.
21.
That
in reply to the contents of paragraph no. 15 of the writ petition, it is
submitted that election of deponent’s committee of management was conducted on
10.5.2009 and the papers of said election were forwarded to Regional Joint
Director of Education Kanpur Region Kanpur, but it was never directed by the
Joint Director of Education Kanpur Region Kanpur that election papers
pertaining to the election conducted in 2009 has been relegated to Regional
Joint Director of Education Allahabad Region Allahabad. However, on the other
hand by perusal of order dated 3.11.2009 the opportunity was given to Ashok
Yadav, Ved Prakash Gupta to appear on 2.12.2009, but none of two persons
appeared before Regional Level Committee of Joint Director of Education
Allahabad Region Allahabad on 2.12.2009 and 23.12.2009, nor any paper
pertaining to the alleged election said to have been conducted in 2009 was ever
furnished before Regional Level Committee as alleged in paragraph no.15 of the
writ petition. Thus petitioner may be prosecuted for making the false
statement, which is contrary to the record filed as Annexure no.6 to the writ
petition, otherwise the sanctity of the proceedings conducted under Article 226
of the Constitution of India may not be protected by this Hon’ble Court. Thus the contents of
paragraph no. 15 of the writ petition are emphatically denied.
22.
That
in reply to the contents of paragraph no. 16 of the writ petition, it is
submitted that falsehood is again alleged by the petitioner in saying that on
15.12.2009 the letter was written, but on the other hand even in letter dated
14.12.2009 nothing has been shown to have been submitted before Regional Level
Committee presided over Joint Director of Education, Allahabad in respect of
any claim set up by petitioner regarding election conducted in the year 2006,
but on the other hand the vary existence of election alleged to have been
conducted on 23.5.2006 have been denounced of having been elected Ashok Yadav
as Secretary/ Manager by his own man namely Raj Narayan Saxena. Thus the
contents of paragraph no. 16 and existence of Annexure no.7 to the writ
petition are emphatically denied as totally misconceived and baseless.
23.
That
in reply to the contents of paragraph no. 17 of the writ petition, it is
submitted that order passed on 25/27.1.2010 has already affirmed by this Hon’ble Court in
writ petition no. 9177 of 2010 filed by deponent’s committee of management.
However since there was no such election ever conducted in 2006 in which Ashok
Yadav could have been elected as Manager. The only election which remained in
existence was conducted on 14.5.2006 in which deponent Shailendra Gupta was
elected as Manager and the same has been duty been recognised by the judgement
dated 25/27.1.2010 passed by Regional Level Committee presided over by Joint
Director of Education Allahabad Region Allahabad in compliance of the judgement
dated 10.8.2006 passed in writ petition no. 44489 of 2003 and 41453 of 2006 and
there is no illegality in the order dated 25/27.1.2010. Thus the contents of
paragraph no.17 of the writ petition are emphatically denied.
24.
That
in reply to the contents of paragraph no. 18 of the writ petition, it is
submitted that again a false and frivolous statement of fact having self
contradiction by perusal of record filed by petitioner himself has been raised
in the present writ petition. By the bare perusal of Annexure no.6 to the writ
petition it is clearly stated that 2.12.2009 was fixed by letter dated
24.11.2009 and thereafter 23.12.2009 was fixed by Regional Level Committee of
Joint Director of Education, Allahabad Region Allahabad, but nothing was
produced by petitioner as there was no election ever conducted in 2006 in which
Ashok Yadav could have been elected as Manager. It is submitted that petitioner
may be directed to produce any such election in his rejoinder affidavit as he
is adopting the policy of “Hide & Seek” by filing frivolous writ petition
having false averments with self contradiction in writ petition no. 36236 of
2008 filed by Ashok Saxena as Secretary/ Manager, writ petition no. 38614 of
2009 filed by Ashok Saxena as Secretary / Manager of the society and in writ
petition no. 32529 of 2009 filed by Ashok Yadav alleging himself to be Manager,
but all such writ petitions have been said to be filed by Ashok Yadav himself,
which is a false statement. It is submitted that Regional Level Committee fixed
26.9.2006, 23.10.2006, 2.8.2008, 2.12.2009, 23.12.2009 but since there was
nothing to say by the petitioner that he never appeared, nor put any claim of
conducting election in 2006. Thus the contents of paragraph no.18 of the writ
petition are denied as baseless, false and misconceived, which are totally frivolous.
25.
That
in reply to the contents of paragraph nos.19,20,21,22, 23 and 24 of the writ
petition, it is submitted that order dated 18.6.2008 passed by prescribed
authority recognizing the election conducted on 14.5.2006, in which Ashok Yadav
keep on alleging himself to have been elected as the Manager was not challenged
by Ashok Yadav, but by one Ashok Kumar Saxena and the papers submitted were
having cutting of name of Ashok Yadav and inserting Saxena in place of Yadav.
Thus the order of prescribed authority does not provide any right to Ashok
Yadav for alleging himself to be Manager at any point of time. The order dated
10.8.2006 passed by Joint Director of Education Kanpur become redundant,
obsolete and no more in existent after the order dated 31.8.2006 passed by the
same authority of Joint Director of Education Kanpur Region Kanpur. It is very
strange that Ashok Yadav filed Special Appeal no. 1241 of 2006 in the month of
October, 2006, but it is alleged that he submitted his resignation in August,
2006 itself and as such the name of Ashok Yadav was deleted in alleged
manufactured election proceeding and Saxena was inserted in the alleged
election said to have been conducted in 2006. Thus the entire averments made in
the present writ petition are totally divide of any basis and there is no other
election in existence except the election conducted on 14.5.2006, which has
duly recognised by order dated 25/27.1.2010 by Regional Level Committee
Allahabad passed in compliance of order
and judgement dated 10.8.2006 in writ petition no. 44489 of 2003 and 41453 of
2006. Thus the contents of paragraph nos. 19, 20,21,22,23 and 24 of the writ
petition are emphatically denied.
26.
That
in reply to the contents of paragraph nos. 25,26 and 27 of the writ petition,
it is submitted that validity of election conducted on 14.5.2006 has been
upheld by passing an order on 25/27.1.2010 and despite the fact that deponent’s
committee of management conducted the election on 10.5.2009 again, but it was
directed in the said order to conduct fresh election under the supervision of
observer sent by District Inspector of Schools himself. The fresh election has
been conducted on 14.3.2010 in compliance of the judgement dated 19.2.2010
passed in the writ petition no. 9177 of 2010 filed by deponent as Manager of
committee of management and thus the contents of paragraph nos. 25 and 26 and
the grounds taken in paragraph no.27 of the writ petition are totally
misconceived and divide of any basis. The writ petition may be dismissed with
exemplary cost as the proceedings of this Hon’ble Court may not be circumvented,
prejudice and nullify by filing the frivolous writ petition and justice may be
done with the rights of the deponent.
I, the deponent above named, do hereby
verify that the contents of para nos.
of this affidavit are true to my personal
knowledge and those the contents of
para nos.
of this affidavit are based on perusal of
records and those the contents of para nos.
of
this affidavit are based on legal advise, which all I believe to be true that
no part of it is false and nothing material has been concealed in it.
So help me God.
(Deponent)
I, Yogesh Kumar Saxena, Advocate, High Court,
Allahabad, do
hereby verify that the person making this affidavit and alleging himself to be
the deponent is known to me from perusal of papers produced before me by him in
this case.
(Advocate)
Solemnly affirmed before me on
this th day of
March,
2010 at about a.m./p.m. by the
deponent, who has been identified by the aforesaid person.
I have satisfied myself by
examining deponent that he understands the contents of this affidavit, which
have been readover and explained to him.
OATH
COMMISSIONER.
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