WHY I WAS DENIED JUSTICE AND FRAUD ENCOURAGED IN SANCROSANCT PROCEEDING BEFORE HIGH COURT WRIT JURISDICTION BYHON"BLE JUSTICE VIKRAM NATH OF ALLAHABAD HIGH COURT

IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD

                                  I N D E X

                                       IN

          Criminal Contempt Application No.              of 2010

     (under Section 15 of Contempt of Court Act, 1971)

                                    (DISTRICT – AURAIYA)

Committee of Management, Kisan Inter College, Bhagya Nagar, Auraiya through its Manager Shailendra Gupta, Manager, Committee of Management, Kisan Inter College, Bhagya Nagar, Auraiya.

                                -------------------------------------Applicant

                                    Versus

Sri Ram Narayan, District Inspect of Schools, Auraiya and others

                                -------------------------------Opposite Parties

Sl.no.	Particulars.	Dates.	Ann.	Pages.
1.	Misc. Application	--	--
2.	Affidavit.	--	--
3.	Order passed by regional level committee  in favour of Applicant C/M	11.9.2003	1
4.	Order passed by regional level committee in favour of Applicant C/M	18.4.2006	2
5.	Copy of judgement passed by Joint Director of Education Kanpur Region, Kanpur.	10.8.2006	3
6.	order passed by D.I.O.S having reference order dated 31. 8. 2006 by Regional Joint Director of Education Kanpur	2.9.2006	4
7.	Copy of judgement passed in writ petition no. 47402 of 2006 directing recovery of Rs. 20,000/- from Ashok Yadav.	6.9.2006	5
8.	Memo of writ petition no. 36236 of 2008 filed by Ashok Saxena.	2.8.2008	6
9.	Order passed by prescribed authority  in compliance of the writ petition no. 36236 of 2008	25.6.2009	7
10.	Memo of counter affidavit in  writ petition no. 38614 of 2009 filed by Ashok Saxena.	July 2009	8
11.	Copy of the order passed Regional level committee Allahabad	25/27.1.2010	9
12.	Order passed by D.I.O.S. in complience of the order passed Regional level committee Allahabad	3.2.2010	10
13.	Order passed in writ petition no. 8166 of 2010	16.2.2010	11
14.	Order and judgment passed in writ petition no. 9177 of 2010	19. 2. 2010	12
15.	Order passed by D.I.O.S. the opposite party no. 1	7.3.2010	13
16.	Copy of letter in furtherance of  judgment passed in writ petition no. 9177 of 2010	10.3.2010	14
17.	Order passed by D.I.O.S. the opposite party no. 1	11. 3. 2010	15
18.	Election Proceedings conducted by the observer appointed by D.I.O.S.	14.3.2010	16
19.	News Item Published In News Paper	15.3.2010	17
20.	Election Proceedings conducted by the observer appointed by D.I.O.S. were submitted	16.3.2010	18
21.	Order passed in writ petition no. 8166 of 2010	1.4.2010	19
22.	Order passed in contempt application no. 1624 of 2010	6.4.2010	20
23.	Copy of judgement passed by this Hon’ble Court in Special Appeal No. 651 of 2010.	29.4.2010	21
24.	Order passed by the D.I.O.S. decline to attest signature	7.5.2010	22
25.	Vakalatnama	--	--

Dt/-     16^th  May, 2010              ( YOGESH KUMAR SAXENA )

                                                         Advocate.

                        Counsel for the Opposite Party no.2

                                         Chamber no. 139, High Court,

                                                         Allahabad.

IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD

          Criminal Contempt Application No.              of 2010

            (under Section 15 of Contempt of Court Act, 1971)

                                        (DISTRICT – AURAIYA)

Committee of Management, Kisan Inter College, Bhagya Nagar, Auraiya through its Manager Shailendra Gupta, Manager, Committee of Management, Kisan Inter College, Bhagya Nagar, Auraiya.

.                              --------------------------------Applicant

                            Versus

1. Sri Ram Narayan, District Inspector of Schools, Auraiya, District Auraiya.
2. Sri Ashok Yadav, alleged Manager of Committee of Management, Kisan Inter College, Bhagya Nagar, Auraiya.
3. Sri Raj Narayan Saxena, alleged President, Committee of Management, Kisan Inter College, Bhagya Nagar, Auraiya
4. Sri Ved Prakash Gupta, alleged Assistant  Manager of Committee of Management, Kisan Inter College, Bhagya Nagar, Auraiya                              ----------------------------Opposite parties.

To,

       The Hon’ble the Chief Justice and his other companion Judges of the aforesaid Court.

       The humble application of the above named applicant most respectfully showeth as under :-

1. That entire facts in support of contempt application are submitted in affidavit, where in it has been submitted apart from these paragraphs that relying upon the obsolete, redundant and non-existent orders dated 10. 8.2006 in order to demonstrate the effective control over the affairs of the institution in earlier recognitions , (filed as Annexure-1 to the writ petition No. 8166 of 2010)  which was already set aside by the Joint Director of Education on 31.8. 2006 is an abuse of process in a calculated manner just to hamper the judicial proceedings by exercising pernicious influence through reprehensible conduct of petitioners, which may tantamount to criminal contempt and this Hon’ble Court is not precluded to tear the veil behind such prejudicial  style to punish the petitioners for committing daring raid over the administration of justice.
2. That in a writ petition no. 36236 of 2008 and writ petition no. 38614 of 2009, that Ashok Yadav has already ceased to remain as the manager as he was not the member of society eligible to be elected as the manager and as such Ashok Yadav submitted his resignation in the tenure and as such in his place one Ashok Saxena was inducted and as such both the writ petition no. 36236 of 2008 and writ petition no. 38614 of 2009 were filed by Ashok Saxena. That an application of perjury is already filed by the present applicant. 
3. That existence of the order passed on 6.4.2010 in contempt application No. 1624 of 2010 in alleged compliance of order  dated 16.2.2010 extended on 1.4.2010 may jeopardize the interest of the applicant as well as of District Inspector of Schools Auraiya, who has complied the directions contained in the judgment dated 19.2.2010 passed in Writ Petition No. 9177 of 2010 in furtherance of compliance of the order dated 25/27.1.2010 passed by Regional Joint Director of Education, Allahabad and thus two contradictory orders may not be remain in existence.
4. That the applicant submitted his application/ letter to the District Inspector of Schools, Auraiya to appoint a supervisor for conducting election of committee of management in compliance of the order dated 27.1.2010 passed by Regional Level Committee/ Regional Joint Director of Education, Allahabad Region, Allahabad. The District Inspector of School, Auraiya issued a letter on 3.2.2010 regarding appoint of supervisor for conducting election of appellant’s committee of management and again issued a letter on 11.3.2010 appointing Sri Panna Lal Lecturer as supervisor to conduct election of appellant’s committee of management in compliance of order dated 19.2.2010 passed in writ petition no. 9177 of 2010 filed by appellant. 
5. That the election of appellant’s committee of management has been conducted on 14.3.2010 in presence of supervisor appointed , in which the applicant Shailendra Gupta was elected as Manager of committee of management of institution. In this respect the supervisor appointed to conduct such election sent a letter to the D.I.O.S. on 15.3.2010 having names of office-bearers of newly elected committee of management.

6.       That on 16.3.2010 the applicant sent entire election proceedings to the respondent no.5 for attestation of signature of applicant as Manager of committee of management.

7.       That existence of the order passed on 6.4.2010 in contempt application No. 1624 of 2010 in alleged compliance of order  dated 16.2.2010 extended on 1.4.2010 passed by Hon’ble Justice Mr. Dilip Gupta may jeopardize the interest of the applicant  as well as of District Inspector of Schools Auraiya who have complied the directions contained in the judgement dated 19.2.2010 passed in Writ Petition No. 9177 of 2010 in furtherance of compliance of the order dated 25/27.1.2010 passed by Regional Joint Director of Education, Allahabad and thus two contradictory orders may not be remain in existence by this Hon’ble Court.

8.       That subsequently in the alleged compliance of the order dated 6.4.2010 passed in contempt application No. 1624 of 2010, an order has been issued on 7.5.2010 cancelling the entire proceedings conducted in respect of the election of the applicant’s committee of management on 14.3.2010 in compliance of judgement dated 19.2.2010 passed in Writ Petition No. 9177 of 2010 in furtherance of compliance of the order dated 25/27.1.2010 passed by Regional Joint Director of Education, Allahabad and thus two contradictory orders may not be remain in existence by this Hon’ble Court.

9.   That it is well settled law that the staying of the operation of the order under challenged by the interim order has a distinction with upholding for quashing the same order. The stay of operation of an order would not mean that the order has been wiped out, but is being kept in abeyance for the time being (M/s Shree Chamundi Moped Vs. Church of South India Trust reported in A.I.R. 1992 S.C. Page 1439). Thus the District Inspector of Schools proceeded to act upon in compliance of the specific directions for appointment of an observer in compliance of the judgment dated 19.2.2010 by passing an order appointing Sri Panna Lal on 11.3.2010 in furtherance of the judgment passed in writ petition no. 9177 of 2010. Thus the present contempt application is not maintainable and the election conducted upon in pursuance of the directions conducted on 19.2.2010 vide judgment passed in writ petition no. 9177 of 2010 are the valid direction in favour of the out going recognized committee of management in the institution.

10.    That the present contempt application is filed on account of the fact that in writ petion no. 8166 of 2010 filed by opposite parties no. 2 and 3 by annexing the non existent , obsolete and redundant order( filed as annexure 1 in the said writ petition in order to demonstrate by Ashok Yadav as out going manager of the alleged C/M) , while he himself ceased to remain there on such post and one Ashok Saxena was allegedly inducted in writ petition no. 36236 of 2008 and writ petition no. 38614 of 2009, in the alleged compliance of the order dated 6.4.2010 passed in contempt application No. 1624 of 2010, an order has been issued on 7.5.2010 cancelling the entire proceedings conducted in respect of the election of the applicant’s committee of management on 14.3.2010 in compliance of judgement dated 19.2.2010 passed in Writ Petition No. 9177 of 2010 in furtherance of compliance of the order dated 25/27.1.2010 passed by Regional Joint Director of Education, Allahabad and thus two contradictory orders may not be remain in existence by this Hon’ble Court.

1.           That in Special Appeal No. 651 of 2010 was filed by the applicant after filing counter affidavit and stay vacation application in writ petition no. 8166 of 2010 against the ex-parte orders obtained by petitioner on 16.2.2010 and order dated 1.4.2010 extending the interim order until further orders by playing the fraud not only against the rights of contesting opposite party no.2, the present applicant, but also a fraud upon majesty of this Hon’ble Court by making false averments, filing obsolete, redundant and non-existent order dated 10.8.2006 alleged to have been passed by Joint Director of Education and concealing the judgment of writ petition no. 41453 of 2006 connected with writ petition no. 44489 of 2003 decided on 10.8.2006 itself as well as writ petition no. 47402 of 2006 imposing recovery of Rs. 20,000/- from Ashok Yadav, withdrawn from the accounts of institution unauthorized by an order and judgment dated 6.9.2006. Thus the very existence of Ashok Yadav As earst while manager in the election of 2003 and 2006 is based upon the forged-non existent, redundant and obsolete order filed as Annexure 1 In the present writ petition No. 8166 of 2010. The application in furtherance of the observation made in Special Appeal No. 651 of 2010 was filed by the applicant after filing counter affidavit and stay vacation application in writ petition no. 8166 of 2010 against the ex-parte orders obtained by petitioner on 16.2.2010 and order dated 1.4.2010 extending the interim order until further orders by playing the fraud not only against the rights of contesting opposite party no.2, the present applicant.

11.    That the present contempt application is filed for committing the flagrant non compliance of the judgement passed by Hon’ble Justice Mr. Dilip Gupta in writ Petition No. 9177 of 2010 by an order has been issued on 7.5.2010 cancelling the entire proceedings conducted in respect of the election of the applicant’s committee of management on 14.3.2010 in compliance of judgement dated 19.2.2010 passed in Writ Petition No. 9177 of 2010 in furtherance of compliance of the order dated 25/27.1.2010 passed by Regional Joint Director of Education, Allahabad.

12.    That cause of action arose on 7. 5. 2010 , when the opposite party no. 1 on the behest of opposite parties No. 2 to 4 in alleged compliance of notice issued in Contempt Application No. 1624 of 2010 has passed an order on 7.5.2010 cancelling the entire proceedings conducted in respect of the election of the applicant’s committee of management on 14.3.2010 in compliance of judgement dated 19.2.2010 passed in Writ Petition No. 9177 of 2010 in furtherance of compliance of the order dated 25/27.1.2010 passed by Regional Joint Director of Education, Allahabad.

13.    That under these circumstances, it is expedient in the interest of justice that this Hon’ble Court may graciously be pleased to connect the present contempt application with contempt application No. 1624 of 2010 filed by opposite party No. 2 by filing the affidavit of ved praksash gupta on the basis of the forged orders and  false averments made in writ petition No. 8166 of 2010 for the alleged non compliance of interim order and may further be pleased to  take the sue motto cognizance without referring to the Advocate General for seeking permission  of the criminal contempt committed by the respondents/ opposite parties No. 2 to 4 and refer the matter before the appropriate court for taking appropriate  action against them.  

                                P R A Y E R

      It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to issue notice to opposte party no. 1 for committing the flagrant non compliance of the judgement passed by Hon’ble Justice Mr. Dilip Gupta in writ Petition No. 9177 of 2010 by an order has been issued on 7.5.2010 cancelling the entire proceedings conducted in respect of the election of the applicant’s committee of management on 14.3.2010 and also   connect the present contempt application with contempt application No. 1624 of 2010 filed by opposite party No. 2 on the basis of the forged orders and false averments made in writ petition No. 8166 of 2010, as per the observation made in special Appeal No. 651 of 2010, which was filed by the applicant after filing counter affidavit and stay vacation application  and refer the matter before the appropriate court for committing criminal contempt by the opposite parties no. 2 to 4 and  taking appropriate  action against them,  so that justice may be done.

Dt/-   16^th  May, 2010              ( YOGESH KUMAR SAXENA )

                                                         Advocate.

                        Counsel for the Opposite party no.2

                                         Chamber no. 139, High Court,

                                                         Allahabad.

        IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD

                               AFFIDAVIT

Criminal Contempt Application No.              of 2010

                     (under Section 15 of Contempt of Court Act, 1971)

                                                                    (DISTRICT – AURAIYA)

Committee of Management, Kisan Inter College, Bhagya Nagar, Auraiya through its Manager Shailendra Gupta, Manager, Committee of Management, Kisan Inter College, Bhagya Nagar, Auraiya.

.                              --------------------------------Applicant

                            Versus

1. Sri Ram Narayan, District Inspector of Schools, Auraiya, District Auraiya.
2. Sri Ashok Yadav, alleged Manager of Committee of Management, Kisan Inter College, Bhagya Nagar, Auraiya.
3. Sri Raj Narayan Saxena, alleged President, Committee of Management, Kisan Inter College, Bhagya Nagar, Auraiya
4. Sri Ved Prakash Gupta, alleged Assistant  Manager of Committee of Management, Kisan Inter College, Bhagya Nagar, Auraiya                              ----------------------------Opposite parties.

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: -

2.           That the deponent is the applicant  in the present Contempt application and as such the deponent is well acquainted with the facts of case deposed to below.

3.           That the institution namely Kisan Inter College, Bhagyanagar, Auraiya is a recognized having grant-in-aid institution and the provisions of U.P. Intermediate Education Act, 1921, Payment of salary Act, 1971 and U.P. Madhyamik Seva Chayan Board Adhiniyam, 1982 are applicable to the present institution.

4.       That the election proceedings were conducted in respect of previous election on 28.5.2003, which were conducted after due Agenda published on 14.5.2003 under the signatures of Sri Ram Prakash Rajpoot, who conducted the election on 28-5-2003. In the aforesaid election Sri Ram Prakash Rajpoot was elected as the President, while Sri Mahabir Prasad Gupta was elected as Vice-President of committee of management, Sri Ram Sewak Gupta was elected as Manager and Shailendra Gupta (the applicant ) was elected as the Assistant Manager in the said election.  The  election conducted by the appellant’s committee of management on 28.5.2003 was duly recognized by the Regional Level Committee/ Joint Director of Education, Kanpur Region Kanpur on 11.9.2003, in which one Sri Ram Sewak Gupta was earlier elected as Manager.

5.          That the said election of committee of management was duly recognized by the Regional Level Committee, in which the claim set up by Ved Prakash Gupta as that of Manager on the basis of his alleged election proceedings dated 13.5.2006 under the President ship of Raj Narain Saxena was denounced by the Joint Director of Education. It was held that Ved Prakash Gupta remained as the Principal of institution and is drawing the Govt. Pension and as such he was not capable for being elected as the Manager of the committee of Management of the institution. The true copy of the order dated 11.9.2003 passed by the Joint Director of Education is being filed herewith and marked as ANNEXURE NO. 1 to this writ petition.

6.         That in furtherance of the said recognition to the petitioner’s earlier committee of management, the District Inspector of Schools also attested the signatures of Ram Sewak Gupta as the Manager on 15-9-2003 and communication of said attestation of signature was made by another letter issued on 16-9-2003 from the office of District Inspector of Schools. It is submitted that there was initially the dispute raised by filing writ petition no. 44489 of 2003.

7.       That  Subsequently the applicantwas elected on account of ailment of Sri Ram Sewak Gupta and the signatures of applicantwere duly recognized by Regional Level Committee/ Joint Director of Education, Kanpur Region Kanpur on 18.4.2006 and on 24.4.2006 by District Inspector of Schools, Auraiya. The true copy of the order passed by the Regional Level Committee/ Joint Director of Education, Kanpur Region Kanpur on 18.4.2006 and on 24.4.2006 by District Inspector of Schools, Auraiya are being filed herewith and marked as Annexure no.2 to this affidavit.

8.       That on the basis of said recognition, the election was again conducted on 14.5.2006 by the out going committee of management belonging to the applicantduly recognized by the educational authorities. It is submitted that there was initially the dispute raised by filing writ petition no. 44489 of 2003 by one Ved Prakash Gupta, but the aforesaid writ petition after being connected with writ petition no. 41453 of 2006 was rejected by an order dated 10.8.2006 having a direction in the writ petition no. 41453 of 2006 to refer the matter before the Regional Level Committee of Allahabad Region, Allahabad as one Ashok Yadav purporting himself to be the manager in the election of 2006 was the District President of Samajwadi Party at District Auraiya. The true copy of the order dated 10.8.2006 passed in  writ petition no. 41453 of 2006 writ petition no. 44489 of 2003 is filed herewith and marked as Annexure no.3 to this affidavit.

9.           That this Ashok Yadav representing himself to be the manager of the institution, on account of his being the President of Samajwadi Party in district Auraiya was inducted as to pressurize the educational authorities and to grab the functioning of the institution on account of his political interference in the administration of the educational authority in district Auraiya.

10.      That the order passed by Regional Joint Director of Education Kanpur passed on 10.8.2006  was withdrawn subsequently in compliance of the Judgment passed on 10.8.2006 passed in  writ petition no. 41453 of 2006 writ petition no. 44489 of 2003 by another order dated 31. 8. 2006 by Regional Joint Director of Education Kanpur  and the matter referred to  Regional Joint Director of Education Allahabad. The true copy of the order passed by D.I.O.S. on 2.9.2006 having reference order dated 31. 8. 2006 by Regional Joint Director of Education Kanpur    is filed herewith and marked as Annexure no.4 to this affidavit.

11.      That subsequent judgment dated 6.9.2006 passed in writ petition no. 47402 of 2006, a recovery of the amount of Rs. 20,000/- was imposed upon the alleged manager pretending himself to be manager of committee of management of Kisan Inter College Bhagya Nagar, Auraiya, who was already ceased to remain as the manager of the institution. The true copy of the order dated 6.9.2006 passed in  writ petition no. 47402 of 2006 is filed herewith and marked as Annexure no.5 to this affidavit.

12.      That  Subsequently on account of taking over the command in the State of Uttar Pradesh by Bahujan Samaj Party, in 2008 when the prescribed authority had delivered the order under section 25 of Society Registration Act, Ashok Yadav on account of his detention under the National Security Act could not exercise his pernicious influence upon the said authority and as such this Ashok Yadav was replaced from the post of manager and the cutting of the word “Yadav” was substituted by “Saxena” in the proceedings of the earlier election alleged to have been conducted on 23.5.2006. Once the identity of the alleged manager Ashok Yadav was already ceased to remain in existence, how does this Ashok Yadav could have file the writ petition no. 8166 of 2010 after being released from jail.

13.    That  In a writ petition no. 36236 of 2008 and writ petition no. 38614 of 2009, that Ashok Yadav has already ceased to remain as the manager as he was not the member of society eligible to be elected as the manager and as such Ashok Yadav submitted his resignation in the tenure and as such in his place one Ashok Saxena was inducted and as such both the writ petition no. 36236 of 2008 and writ petition no. 38614 of 2009 were filed by Ashok Saxena. That an application of perjury is already filed by the present applicant.  The true copy of the memo of writ petition bearing name of Ashok Saxena as inducted in  both the writ petition writ petition no. 36236 of 2008 and writ petition no. 38614 of 2009 and the order passed on  25.6.2009 subsequently under challenge are  filed herewith and marked as Annexure no.6, 7, &8  to this affidavit.

14.    That none of individual including the respondent no. 2 to 4 have never appeared before Regional Joint Director of Education, Allahabad from 10.8.2006 up to 25/27.1.2010, inspite so many dates have been fixed for making their contentions before said authority constituted in compliance of judgement dated 10.8.2006 passed in writ petition no.41453 of 2006 filed by applicant  and therefore filing of the present writ petition No. 8166 of 2010 challenging the order passed on 25/27.1.2010 is not permissible. The true copy of the order passed on25/27.1.2010  is being filed herewith and marked as Annexure no.9 to this affidavit.

15.    That the district Inspector of School passed an order on 3.2. 2010 in compliance of order passed on 25/27.1.2010. The true copy of the order passed on 3.2.2010 is being filed herewith and marked as Annexure no.10 to this affidavit.

16.    That the respondent No. 3 and 4  filed a writ petition before this Hon’ble Court challenging the order dated 25/27.1.2010 (Annexure No. 8 to the writ petition). The true copy of the order passed on 16. 2. 2010 in  writ petition no. 8166 of 2010 is being filed herewith and marked as Annexure no.11 to this affidavit.

17.    That relying upon the obsolete, redundant and non-existent orders dated 10. 8.2006 to demonstrate the effective control over the affairs of the institution in earlier recognitions, (filed as Annexure-1 to the writ petition No. 8166 of 2010)  which was already set aside by the Joint Director of Education on 31.8. 2006, is an abuse of process in a calculated manner just to hamper the judicial proceedings by exercising pernicious influence through reprehensible conduct of petitioners, which may tantamount to criminal contempt and this Hon’ble Court is not precluded to tear the veil behind such prejudicial  style to punish the petitioners for committing daring raid over the administration of justice.

18.    That Ashok Yadav according to own averments made by Raj Narain Saxena, the alleged President of his own committee of management was not eligible to become manager for not being  member of society as per bye laws of the society, nor he remained the member in the previous tenure of the committee of management of 2003 and therefore since he had not fulfilled his eligible criteria on 23.5.2006, Ashok Yadav alleging himself to be manager has alleged to have submitted his resignation in August, 2006 and the name of Ashok Saxena was inserted in place of Ashok Yadav before Prescribed Authority, but nothing has been disclosed by the petitioners while filing the Writ Petition No. 8166 of 2010.

19.    That the affidavit in support of Writ Petition No. 36236 of 2008 and 38614 of 2009 including affidavit in the present writ petition no.8166 of 2010 have been filed by one person namely Ved Prakash Gupta s/o Late Moti Lal Gupta, resident of Nehru Nagar, Auraiya without disclosing as to how and in what manner he is associated with the activities of institution and thus filing of writ petition no.8166 of 2010 without having any affidavit in support of same by any one of three petitioners, is not maintainable, meaning thereby order passed on 16.2.2010 being extended on 1.4.2010 is automatically liable to be vacated by this Hon’ble Court.

20.    That the applicant  after getting the information about existence of order passed on 16.2.2010 extended on 1.4.2010 without having any notice being served upon him, has filed a detailed counter affidavit after serving the copy of the same to the petitioners on 13.4.2010, but on account of conflicts in the directions contained in judgment dated 19.2.2010 passed in Writ Petition No. 9177 of 2010 and impugned order dated 16.2.2010 extended on 1.4.2010 in Writ Petition No. 8166 of 2010. The true copy of the judgment dated 19.2.2010 passed in Writ Petition No. 9177 of 2010  is being filed herewith and marked as Annexure no. 12 to this affidavit.

21.      That taking benefit of interim order passed on 16.2.2010 filed by the respondents/ petitioners to Sri Ram Nayan District Inspector of Schools, Auraiya initially order obtained on 7. 3. 2010  and when   the present applicant has shown Judgement Dated 19.2.2010 passed in Writ Petition No. 9177 of 2010 to Sri Ram Nayan District Inspector of Schools, Auraiya, he appointed panna lal as observer to conduct the election by passing order on 11. 3. 2010.  The true copy of order dated  7.3. 2010 and  the letter submitted by applicant for appointing supervisor, are being filed herewith and marked as Annexure no.13 and 14 to this affidavit.

22.    That the order dated 16.2.2010 extended on 1.4.2010 passed in writ petition no. 8166 of 2010 has been passed in contraventions to the directions contained in the judgement dated 19.2.2010 passed in writ petition no. 9177 of 2010 filed by Applicant, it is said that the order dated 25/27.1.2010, in which the District Inspector of Schools, Auraiya has been directed to proceed with the observations made in the judgement dated 25/27.1.2010 passed by Regional Level Committee for conducting fresh election by appointing a supervisor by the District Inspector of Schools are Justified in view of the recognition given to the applicant of the previous tenure on the basis of valid election dated 14.5.2006, in which applicant’s C/M is recognized and thereby affirming the order dated 25/27.1.2010 passed by Regional Level Committee which has been stayed in writ petition no. 8166 of 2010 filed by respondent no.2 to 3 on account of the fraud committed on the orderly administration of justice.

23.      That the applicant submitted his application/ letter to the District Inspector of Schools, Auraiya to appoint a supervisor for conducting election of committee of management in compliance of the order dated 27.1.2010 passed by Regional Level Committee/ Regional Joint Director of Education, Allahabad Region, Allahabad. The District Inspector of School, Auraiya issued a letter on 3.2.2010 regarding appoint of supervisor for conducting election of appellant’s committee of management and again issued a letter on 11.3.2010 appointing Sri Panna Lal Lecturer as supervisor to conduct election of appellant’s committee of management in compliance of order dated 19.2.2010 passed in writ petition no. 9177 of 2010 filed by appellant.  The true copy of order dated 11.3.2010 issued appointing supervisor to conduct election of appellant’s committee of management and the election conducted on 14.3.2010 are being filed herewith and marked as Annexure no.15 and 16 to this affidavit.

24.      That the election of appellant’s committee of management has been conducted on 14.3.2010 in presence of supervisor appointed in which the applicant  Shailendra Gupta was elected as Manager of committee of management of institution. In this respect the supervisor appointed to conduct such election sent a letter to the respondent no.5 on 15.3.2010 having names of office-bearers of newly elected committee of management. The true copy of the letter dated 15.3.2010 submitted by supervisor to is being filed herewith and marked as Annexure no.17 to this affidavit.

25.      That on 16.3.2010 the applicant sent entire election proceedings to the respondent no.1 for attestation of signature of applicant as Manager of committee of management. The true copy of the letter dated 16.3.2010 submitted to the respondent no.1 is being filed herewith and marked as Annexure no.18 to this affidavit.

26.      That existence of the order passed on 6.4.2010 in contempt application No. 1624 of 2010 in alleged compliance of order  dated 16.2.2010 extended on 1.4.2010 may jeopardize the interest of the applicantas well as of District Inspector of Schools Auraiya who have complied the directions contained in the judgement dated 19.2.2010 passed in Writ Petition No. 9177 of 2010 in furtherance of compliance of the order dated 25/27.1.2010 passed by Regional Joint Director of Education, Allahabad and thus two contradictory orders may not be remain in existence by this Hon’ble Court. The true copy of the order dated 1.4.2010  passed in writ no. 8166 of 2010  is being filed herewith and marked as Annexure no.19 to this affidavit.

27.    That after taking benefit of extension of interim order passed on 16.2.2010 on 1.4.2010, a contempt application no. 1624 of 2010 has been filed by the petitioners against Sri Ram Nayan District Inspector of Schools, Auraiya and the present applicantas Sri Ram Nayan District Inspector of Schools, Auraiya have acted in pursuance of directions contained in the judgement dated 19.2.2010 passed in Writ Petition No. 9177 of 2010 filed by the applicantand thus the interim order passed on 16.2.2010 being extended on 1.4.2010 is liable to be vacated.

28.    That as soon as notices have been issued of issuance of contempt notice to the District Inspector of Schools, the process of attestation of signature of applicanton the basis of valid election conducted under his supervision in compliance of judgement dated 19.2.2010 passed in Writ Petition No. 9177 of 2010. This has been alleged to be the contempt on account of filing of contempt application no. 1624 of 2010 of order dated 16.2.2010 being extended on 1.4.2010.

29.    That the applicant has filed a detailed counter affidavit after serving the copy of the same to the respondents/petitioners in writ petition no. 8166 of 2010 on 13.4.2010, but on account of conflicts in the directions contained in judgment dated 19.2.2010 passed in Writ Petition No. 9177 of 2010 and impugned order dated 16.2.2010 extended on 1.4.2010 in Writ Petition No. 8166 of 2010, the Special Appeal no. 651 of 2010 was  filed before this  High Court.

30.    That an irreparable injury may be sustained on account of filing of contempt application no. 1624 of 2010, wherein notices have been issued for defiance of impugned order passed on 16.2.2010 extended on 1.4.2010 and thus the filing of present contempt application has become essential to get the rid in Contempt application No. 1624 of 2010 filed for alleged non compliance of  the order dated 16.2.2010 extended on 1.4.2010, for which the application seeking them  being set aside in furtherance of the observation made in Special Appeal has already being made by the applicant. The true copy of order dated 6.4.2010 passed in contempt application no. 1624 of 2010 is being filed herewith and marked as Annexure no.20 to this affidavit.

31.      the interim order does not have the effect of wipping out the existence of order challenged in the Writ Petition, while the judgement passed on 19.2.2010 passed in Writ Petition No. 9177 of 2010 has attributed its finality and as such the order passed on 16.2.2010 extended on 1.4.2010 is liable to be set aside in writ petition no. 8166 of 2010 by  this Hon’ble Court.

32.    That , in compliance of the judgement dated 19.2.2010 passed in Writ Petition No. 9177 of 2010, a supervisor has been appointed from the office of District Inspector of Schools, Auraiya in compliance of order passed by Regional Joint Director of Education on 25/27.1.2010, which is under challenge in Writ Petition no. 8166 of 2010 and as such inspite the election being conducted on 10.5.2009 after expiry of three years tenure of the committee of management, a further election has been conducted by the applicant  in compliance of the judgement dated 19.2.2010 passed in Writ Petition no. 9177 of 2010 .

33.      That the present applicant  have acted in pursuance of directions contained in the judgment dated 19.2.2010 passed in Writ Petition No. 9177 of 2010 filed by the applicantand thus the interim order passed on 16.2.2010 being extended on 1.4.2010 is liable to be set aside in writ petition no. 8166 of 2010.

34.      That as soon as notices have been issued of issuance of contempt notice to the District Inspector of Schools, the process of attestation of signature of applicanton the basis of valid election conducted under his supervision in compliance of judgment dated 19.2.2010 passed in Writ Petition No. 9177 of 2010 has been alleged to be the contempt of impugned order dated 16.2.2010 being extended on 1.4.2010.

35.      That, in compliance of the judgment dated 19.2.2010 passed in Writ Petition No. 9177 of 2010, a supervisor has been appointed from the office of District Inspector of Schools, Auraiya in compliance of order passed by Regional Joint Director of Education on 25/27.1.2010, which is under challenge in Writ Petition no. 8166 of 2010 and as such in spite the election being conducted on 10.5.2009 after expiry of three years tenure of the committee of management, a further election has been conducted by the applicantin compliance of the judgment dated 19.2.2010 passed in Writ Petition no. 9177 of 2010 and as such the filing of present Application  is essential to protect the majesty of this Hon’ble Court.

36.      That existence of the order dated 16.2.2010 extended on 1.4.2010 may jeopardize the interest of the applicantas well as of District Inspector of Schools Auraiya who have complied the directions contained in the judgment dated 19.2.2010 passed in Writ Petition No. 9177 of 2010 in furtherance of compliance of the order dated 25/27.1.2010 passed by Regional Joint Director of Education, Allahabad and thus two contradictory orders may not be remain in existence.

37.      That the fraud was exposed in the Special appeal No. 651 of 2010 filed against order dated 1. 4. 2010 having extention of order dated 16.2.2010, which has been superseded by Judgement dated 19.2.2010 having affirmation to the direction contained in the order passed on 25/27.1.2010. The judgment dated 29.04.2010 passed by this High Court has been delivered in Special Appeal No. 651 of 2010. An application for dismissal of writ petition No. 8166 of 2010 has been filed in compliance of the observation made in judgement dated 29.4.2010.  The true copy of the judgment dated 29.04.2010 passed by this High Court in Special Appeal No. 651 of 2010 is being filed herewith and marked as Annexure no.21 to this affidavit.

38.        That in Special Appeal No. 651 of 2010 was filed by the deponent after filing counter affidavit and stay vacation application in writ petition no. 8166 of 2010 against the ex-parte orders obtained by petitioner on 16.2.2010 and order dated 1.4.2010 extending the interim order until further orders by playing the fraud not only against the rights of contesting opposite party no.2, but also a fraud upon majesty of this Hon’ble Court by making false averments, filing obsolete, redundant and non-existent order dated 10.8.2006 alleged to have been passed by Joint Director of Education and concealing the judgment of writ petition no. 41453 of 2006 connected with writ petition no. 44489 of 2003 decided on 10.8.2006 itself as well as writ petition no. 47402 of 2006 imposing recovery of Rs. 20,000/- from Ashok Yadav, withdrawn from the accounts of institution unauthorized by an order and judgment dated 6.9.2006. Thus the very existence of Ashok Yadav As earst while manager in the election of 2003 and 2006 is based upon the forged-non existent, redundant and obsolete order filed as Annexure 1 In the present writ petition No. 8166 of 2010.

39.        That it has been also stated that the policy of Hide and Seek has been adopted in filing the writ petition no. 36236 of 2008 representing therein Ashok Saxena as Manager of institution and stating therein that Ashok Yadav filing the present writ petition as manager had resigned in August, 2006, while the vary same filing present writ petition no. 8166 of 2010 had filed the Special Appeal no. 1241 of 2006 challenging the judgment dated 6.9.2006 passed in writ petition no. 47402 of 2006 in the month of September, 2006 by Ashok Yadav as Manager/ Secretary of the Committee of management of institution against recovery of Rs. 20,000/- withdrawn by him as the Manager. The said Special Appeal No. 1241 of 2006 was dismissed on very first date of filing the said Special Appeal. The said writ petition was filed by saying that Ashok Yadav, filing the present writ petition as manager had  ceased to remain in existence as Manager in the institution.

40.        That it has been concealed that during the entire proceedings relegated to the Joint Director of Education, Allahabad Region, Allahabad by the order dated 31.8.2006 passed by Joint Director of Education, Kanpur Region, Kanpur in compliance of judgement dated 10.8.2006 passed in writ petition no. 41453 of 2006 connected with writ petition no. 44489 of 2003, Ashok Yadav, neither his representative never filed any written submission in support of his alleged election dated 23.5.2006 on the date fixed on 26.9.2006, 13.10.2006, 2.8.2008, 1.12.2009 and 23.12.2009, nor there was any occasion to represent himself as the manager of committee of management in the institution as it was the said alleged rival committee of Ashok Yadav being represented by his alleged President Raj Narain Saxena that Ashok Yadav ceased to remain as the manager after August, 2006 and the cutting of word “Yadav” was done by substituting word “Saxena” in from the Ashok as Manager/ Secretary of the committee of management and the society. Thus a deception regarding the identity of Ashok Yadav empowered to challenge the order impugned passed on 25/27.1.2010 has been done by filing writ petition no. 8166 of 2010, in which the detailed counter affidavit stating all such facts has already been filed by answering respondent alongwith stay vacation application.

41.        That apart from this in the writ petition no. 9177 of 2010 filed by the deponent the prayer made therein was writ of mandamus directing the respondent no.3 and 4 i.e. Regional Level Committee through Joint Director of Education, Kanpur and District Inspector of Schools, Auraiya to take the decisions in pursuance of election already conducted by deponent’s committee of management on 10.5.2009 as the out going committee of management declared by the order dated 25/27.1.2010 and to take a decision by District Inspector of Schools in furtherance of communication made before him on 11.5.2009. Since the recognition to deponent’s committee of management on the basis of election conducted on 14.5.2006 was given by the order dated 25/27.1.2010, this declares that the directions contained in the order of Joint Director of Education Allahabad passed on 25/27.1.2010 to get fresh election held by an observer, since the term of deponent’s committee of management elected on 14.5.2006 has come to an end. It is under the aforesaid direction and observation made in the judgement dated 19.2.2010 passed in writ petition no. 9177 of 2010 that compliance thereof has been said to be non-compliance of the directions contained in furtherance of interim order passed on 1.4.2010 extending the order dated 16.2.2010 until further orders. Thus the present contempt application is totally misconceived and liable to be rejected by this Hon’ble Court with exemplary costs.

42.        That even otherwise a detailed counter affidavit has been filed in writ petition no. 8166 of 2010 and the Division Bench in Special Appeal no. 651 of 2010 has already observed by passing judgement dated 29.4.2010 that if the fraud has been committee by the petitioner of writ petition no. 8166 of 2010, then this fact has to be placed before Hon’ble Single Judge for obtaining the necessary order from this Hon’ble Court. No rejoinder affidavit has been filed by the petitioner/ applicant in reply to the counter affidavit filed by the deponent in Writ Petition No. 8166 of 2010 and as such the present contempt application is not maintainable and is liable to be rejected by this Hon’ble Court.

43.        That it is well settled law that the staying of the operation of the order under challenged by the interim order has a distinction with upholding for quashing the same order. The stay of operation of an order would not mean that the order has been wiped out, but is being kept in abeyance for the time being (M/s Shree Chamundi Moped Vs. Church of South India Trust reported in A.I.R. 1992 S.C. Page 1439). Thus the District Inspector of Schools proceeded to act upon in compliance of the specific directions for appointment of an observer in compliance of the judgment dated 19.2.2010 by passing an order appointing Sri Panna Lal on 11.3.2010 in furtherance of the judgment passed in writ petition no. 9177 of 2010. Thus the present contempt application is not maintainable and the election conducted upon in pursuance of the directions conducted on 19.2.2010 vide judgment passed in writ petition no. 9177 of 2010 are the valid direction in favour of the out going recognized committee of management in the institution.

44.      That subsequently in the alleged compliance of the order dated 6.4.2010 passed in contempt application No. 1624 of 2010, an order has been issued on 7.5.2010 cancelling the entire proceedings conducted in respect of the election of the applicant’s committee of management on 14.3.2010 in compliance of judgment dated 19.2.2010 passed in Writ Petition No. 9177 of 2010 in furtherance of compliance of the order dated 25/27.1.2010 passed by Regional Joint Director of Education, Allahabad and thus two contradictory orders may not be remain in existence by this Hon’ble Court. The true copy of the order dated 7.5.2010 passed in the alleged compliance of the order dated 6.4.2010 passed in contempt application No. 1624 of 2010  is being filed herewith and marked as Annexure no.22 to this affidavit.

45.      That under these circumstances, it is expedient in the interest of justice that this Hon’ble Court may graciously be pleased to connect the present contempt application with contempt application No. 1624 of 2010 filed by opposite party No. 2 by filing the affidavit of ved praksash gupta on the basis of the forged orders and  false averments made in writ petition No. 8166 of 2010 for the alleged non compliance of interim order and may further be pleased to  take the sue motto cognizance of the criminal contempt committed by the respondents/ opposite parties No. 2 to 4 and refer the matter before the appropriate court for taking appropriate  action against them.