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Judgment
H. S. Thangkhiew, J
This is an application seeking to restrain the approval of the impugned resolution dated 23.11.2021 of the election of Shri Hadisul Islam (Respondent No. 7), as the newly elected Secretary of the Managing Committee of Rajabala Higher Secondary School, West Garo Hills, Meghalaya by the competent authorities.
Mr. H.L. Shangreiso, learned Senior counsel assisted by Ms. A. Kharshiing, learned counsel for the applicant/petitioner submits that pursuant to the orders of this Court passed in WP(C) No. 239 of 2021, WP(C) No. 174 of 2021 and WP(C) No. 476 of 2019, the respondent District School Education Officer, West Garo Hills District had been directed to conduct and supervise the election for formation of the new Managing Committee of the school. The learned Senior counsel further submits that notices were issued by the Secretary of the Ad-hoc Managing Committee inviting parents/guardians to attend the meeting on 23.11.2021 at 1:00 P.M. to elect the new Managing Committee.
In the meeting, it is submitted that the private respondent No. 7 came forward and tendered his candidature on the basis of an affidavit claiming that he was eligible to contest the election for the post of Secretary, in spite of the fact that he did not have any child studying in the said school. Though, requests were made to the District School Education Officer to verify the name, but the respondent No. 7 was allowed to contest for the post of Secretary and he was elected by the members present.
It is further submitted by the learned Senior counsel that the actions of the District School Education Officer, apart from not conducting the election himself and allowing the respondent No. 7 to contest the same, though he was patently ineligible is illegal and also against the directions passed by this Court, as such he prays that in the interim the impugned resolution be stayed.
Learned GA for the respondent No. 1, 2 & 3 seeks time to take instructions and the same is allowed.
Having heard the learned Senior counsel and on examination of the materials on record, prima facie it appears that an interim direction is required at this stage. Accordingly, until further orders, it is directed that the approval of the resolution dated 23.11.2021 of the election of the respondent No. 7 as Secretary of Rajabala Higher Secondary School shall remain stayed.
List this matter after winter vacation.