RAMADHAR SINGH and ORS Vs. COMMITTEE OF MGT. S.M.S.P.S. ITALIand ORS.
EmailAppeal: CIVIL APPEAL NO. 1671 OF 2016
Petitioner: RAMADHAR SINGH and ORS
Respondent: COMMITTEE OF MGT. S.M.S.P.S. ITALIand ORS.
Judges: KURIAN JOSEPH , ROHINTON FALI NARIMAN
Date of Judgment: Feb 23, 2016
JUDGEMENT:
NON- CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 1671 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 31851 OF 2011 ]
RAMADHAR SINGH & ORS. Appellant(s)
VERSUS
COMMITTEE OF MGT. S.M.S.P.S. ITALI& ORS. Respondent(s)
J U D G M E N T
KURIAN, J. 1. Leave granted. 2. The issued raised in this appeal pertains to election to the Committee of Management of Shri Manas Shiksha Prasar Samiti, Itaili. The disputed election was held on 01.04.2008. It is not in dispute that the term of the Committee is for three years. There were elections in 2011 and 2014 and another election must be getting due as well. 3. In that view of the matter, we do not think that anything on facts survives to be considered by this Court in this appeal. The appeal is, accordingly, dismissed. 4. We make it clear that the elected Committee in office as on today will continue till their term is over. 5. The learned counsel for the appellants submits that Civil Suit being OS No. 1624 of 2009 filed by them, which is pending before the Civil Judge (Junior Division), Mau, U.P. is not pressed. Accordingly, the said suit being O.S. No. 1624 of 2009 on the file of the Civil Court, Mau, U. P. shall stand dismissed and consequently, shall stand struck off from its files. The Registry shall communite this Judgment to the Civil Court, Mau, U.P. forthwith. 6. We make it clear that in the nature of the order we have passed, all other questions of law raised in the appeal are left open. No costs. …………………..J. [ KURIAN JOSEPH ]
…………………..J. [ ROHINTON FALI NARIMAN ]
New Delhi; February 23, 2016.
CIVIL APPEAL NO. 1671 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 31851 OF 2011 ]
RAMADHAR SINGH & ORS. Appellant(s)
VERSUS
COMMITTEE OF MGT. S.M.S.P.S. ITALI& ORS. Respondent(s)
J U D G M E N T
KURIAN, J. 1. Leave granted. 2. The issued raised in this appeal pertains to election to the Committee of Management of Shri Manas Shiksha Prasar Samiti, Itaili. The disputed election was held on 01.04.2008. It is not in dispute that the term of the Committee is for three years. There were elections in 2011 and 2014 and another election must be getting due as well. 3. In that view of the matter, we do not think that anything on facts survives to be considered by this Court in this appeal. The appeal is, accordingly, dismissed. 4. We make it clear that the elected Committee in office as on today will continue till their term is over. 5. The learned counsel for the appellants submits that Civil Suit being OS No. 1624 of 2009 filed by them, which is pending before the Civil Judge (Junior Division), Mau, U.P. is not pressed. Accordingly, the said suit being O.S. No. 1624 of 2009 on the file of the Civil Court, Mau, U. P. shall stand dismissed and consequently, shall stand struck off from its files. The Registry shall communite this Judgment to the Civil Court, Mau, U.P. forthwith. 6. We make it clear that in the nature of the order we have passed, all other questions of law raised in the appeal are left open. No costs. …………………..J. [ KURIAN JOSEPH ]
…………………..J. [ ROHINTON FALI NARIMAN ]
New Delhi; February 23, 2016.
