COMMITTEE OF MANAGEMENT, KISAN INTER COLLEGEversusSTATE OF U.P. AND 3 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - C No. - 18602 of 2026

Committee Of Management, Kisan Inter College
                                                            .....Petitioner(s)
                                  Versus

State Of U.P. And 3 Others
                                                         .....Respondent(s)

Counsel for Petitioner(s)      : Aishwarya Pratap Shahi, Sumit Suri,
                                 Sr. Advocate
Counsel for Respondent(s)      : Akshayavar Nath Pandey, C.S.C.

Court No. - 38
                 HON'BLE SIDDHARTH NANDAN, J.

1. Heard Sri Nipun Singh, learned Senior Counsel assisted by Sri
Aishwarya Pratap Singh, learned counsel for the petitioner, Sri J.K.
Singh, learned Senior Counsel assisted by Sri A.N. Pandey, learned
counsel for the respondents, and learned Standing Counsel for the State-
respondent.


2. The present petition has been filed assailing the order dated 18.04.2026
passed by the District Inspector of Schools, Meerut, whereby the election
of the petitioner has been rejected.


3. Sri Nipun Singh, learned Senior Counsel, has vehemently argued that
the DIOS ought to have referred the matter to the Regional Level
Committee as per the mandate of the Government Order dated 19.12.2000
and could not himself have returned findings in relation to the validity of
the election, particularly in view of the report of the Election Officer
dated 16.04.2026. It is submitted that it was incumbent upon the DIOS to
relegate the matter to the Regional Level Committee and, therefore, the
order dated 18.04.2026 is wholly ex-parte order.


4. Per contra, learned Senior Counsel for the respondents submits that it
has been admitted in the report of the Election Officer itself that only 151
receipts of registered post were produced and that publication of notice
was made in a newspaper published from New Delhi having no
circulation in District Meerut.
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5. In rejoinder, Sri Nipun Singh, learned Senior Counsel for the petitioner
has drawn the attention of the Court to the report dated 16.04.2026
wherein it has specifically been stated that “साधारण डाक से सूचना ्ऺेिषत की गई
है।” He has further referred to the statement made by the Election Officer
in his report that by letter dated 20.03.2026, along with requisite fee, the
publication charges were deposited in the Meerut office of the newspaper
concerned.


6. Prima facie, it appears that in case the DIOS was in disagreement with
the report dated 16.04.2026, either he ought to have sought clarification
from the Election Officer or referred the matter to the Regional Level
Committee.


7. At this juncture, Sri J.K. Singh, learned Senior Counsel, submits that
keeping in view the admitted facts, though the same has been disputed by
learned counsel for the petitioners, i.e to the effect that the newspaper in
question was being published from New Delhi and had no circulation in
District Meerut, and further that no documentary evidence was furnished
along with the report of the Election Officer demonstrating dispatch of
notices through ordinary post to all the 2492 members, the matter may
appropriately be relegated to the Regional Level Committee in terms of
the Government Order dated 19.12.2000.


8. In view of the aforesaid, and with consent of learned counsel for the
parties, the impugned order dated 18.04.2026 is hereby set aside with the
following directions:-

A. The respondent no. 2 to refer the matter to the Regional Level
Committee, Meerut, within a period of one week from the date of
production of a certified copy of this order.


B. The Regional Level Committee shall specifically seek reply from the
Election Officer and require him to furnish evidence in support of his
report dated 16.04.2026, particularly with respect to:
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                                                                   3


                                    i. Publication of the newspaper in question within the Meerut region; and
                                    ii. Evidence demonstrating that notices through ordinary post were sent to
                                    all the 2492 members.


                                    C. It shall also be open for the respondents to submit their objections and
                                    any additional grounds before the Regional Level Committee.


                                    D. The Regional Level Committee is directed to conclude the proceedings
                                    strictly in accordance with law and after adhering to the principles of
                                    natural justice, preferably within a period of two months from the date of
                                    production of a certified copy of this order.


                                    9. With the aforesaid observations, the writ petition stands disposed of.



                                                                                        (Siddharth Nandan,J.)
                                    May 12, 2026
                                    Sushma




Digitally signed by :-
SUSHAMA YADAV
High Court of Judicature at Allahabad