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Neutral Citation No. - 2025:AHC:33712-DB Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 194 of 2025 Appellant :- Samar Bahadur Singh and 10 others Respondent :- State of UP and 9 others Counsel for Appellant :- R.K. Ojha, (Sr. Advocate), Arvind Kumar Upadhyay Counsel for Respondent :- Rajiv Singh, (SC), Ashok Khare, (Sr. Advocate), Fuzail Ahmad Ansari, Shailesh Upadhyay, Vivek Kumar Singh Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J. 1. This appeal is directed against the order dated 07.02.2025 passed in Writ-C No. 1391 of 2025, whereby on the consent of the
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parties to the writ petition, directions were issued to hold elections excluding 19 members in respect of whom disputes are pending before the Assistant Registrar, within a period of two months from the date Authorized Controller assumes charge. 2. An application has been filed by the appellants seeking leave to file appeal. 3. Submissions have been made that by the order impugned passed by learned Single Judge, their right to participate in the elections in relation to the College, has been taken away without affording any opportunity of hearing to them and, therefore, they may be permitted to file appeal. 4. The application is not contested. Consequently the same is allowed. The applicants are permitted to file appeal. 5. Writ-C No. 1391 of 2025 was filed by respondent nos. 6 and 7, questioning the validity of the order dated 20.12.2024 passed by the Regional Level Committee, in relation to the College in question. The Committee on account of pendency of challenge to inclusion of 19 members came to the conclusion that the elections held, were bad and passed the consequential orders. 6. Feeling aggrieved, the writ petition was filed by impleading respondent no. 5 to the appeal only as respondent to the writ petition. When the matter came up before the Court, it was noticed, submitted and directed as under:- "2. The petitioner by means of the present writ petition has assailed the order dated 20.12.2024 passed by the Joint Director of Education, Azamgarh Region, Azamgarh as well as order dated 01.01.2025 passed by the District Inspector of Schools, Azamgarh. 3. A short submission advanced by Sri Ashok Khare, learned Senior Counsel for the petitioner is that election of the petitioner has been rejected only on the ground that the dispute about 19 members of the Society namely, 'Gram Samaj Inter College, Jai Nagar, Azamgarh' is pending before the Assistant Registrar, and therefore, the election of the petitioner held by including 19 members whose membership is under dispute before the Assistant Registrar cannot be said to be in accordance with law, consequently, the Regional Level Committee held the election of the petitioner bad. 4. He further submits that he has no objection if fresh election of Committee of Management of the College namely, Gram Samaj Inter College, Jai Nagar, Azamgarh be held in compliance of the order passed by the Regional Level Committee dated 20.12.2024 by excluding those 19 members, whose membership are under dispute, within a time bound period. 5. To the aforesaid submission of learned Senior Counsel for the petitioner, Sri Vivek Kumar Singh and Sri F.A. Ansari, learned counsels for the respondents submits that they have no objection if fresh election is conducted by excluding those 19 members in respect of whom the dispute is pending before the Assistant Registrar. 6. In view of the consent given by the learned counsel for the respondents, this Court directs the respondent no.9-Joint Director of Education, Azamgarh Region, Azamgarh to appoint an Authorised Controller within a period of fifteen days from the date of production of certified copy of this order. 7. The Authorised Controller is further directed to hold fresh election of Committee of Management of the College strictly in accordance with the Scheme of Administration and of the Electoral College by excluding those 19 members in respect of whom, the dispute is pending before the Assistant Registrar, within a period of two months from the date he assumes charge of Authorised Controller. 8. The writ petition is, accordingly, disposed off subject to observations made above." 7. Learned counsel appearing for the appellants made submissions that the respondent nos. 5, 6 and 7, together have made submissions before the learned Single Judge, whereby their rights as members of the Society to participate in the elections, have been taken away. Submissions have been made that such order could not have been passed without affording any opportunity of hearing to the appellants and, therefore, order impugned deserves to be quashed and set aside. 8. Learned counsel appearing for respondent nos. 6 and 7 supported the order impugned. Submissions were made that though the order dated 20.12.2024 impugned in the writ petition was bad in law, i.e. the same could not have set aside the duly held elections, however, as the circumstances arose before the Court, submissions regarding exclusion of 19 members were made, which was accepted by the Court and the petition has been disposed of. Submissions have also been made that in case, on account of non affording of hearing to the appellants, any interference in the order dated 07.02.2025 is made, the petition itself may be restored as the respondent nos. 6 and 7 want to agitate the issues as raised in the writ petition pertaining to passing of order dated 20.12.2024. It is also submitted that in view of the orders passed in consequence to the order dated 20.12.2024 i.e. orders dated 30.12.2024 and 01.01.2025 have not been questioned. 9. We have considered the submissions made by learned counsel for the parties and have perused the material available on record. 10. Though after passing of the order dated 20.12.2024 wherein on account of appellants' participation in the election process, the election of the Committee was set aside, further orders have been passed and the appellants had not questioned the validity of the order dated 20.12.2024 or the orders passed in consequence to the order dated 20.12.2024. However, merely on that count, the order impugned which has been passed on consent of the parties and provides for exclusion of 19 members from the electoral process in relation to the College in question, without affording any opportunity of hearing to them, could not have been passed by the learned Single Judge inasmuch as, irrespective of their not contesting the order dated 20.12.2024, the subsequent process pursuant to the order passed on 20.12.2024 could always be questioned by them, whether such a challenge would be sustainable or not, would be a question to be decided in future. However, by passing of the order dated 07.02.2025 all their rights stood forfeited as it would always stare in their face wherein their exclusion was under the directions of the Court. 11. In that view of the matter, the order impugned dated 07.02.2025 cannot be sustained. The same is, therefore, set aside. 12. The matter is remanded back to the learned Single Judge. Writ- C No. 1391 of 2025 is restored to its original number. The same be listed before the learned Single Judge on 21.03.2025, as fresh. 13. With the above directions, the appeal stands disposed of. Order Date :- 7.3.2025 RK/Pkb (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad