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Judgment
These appeals have been preferred by the Secretary and President of the second respondent school respectively, in the Writ Petition inter alia alleging that the Writ Petition has been filed by the suspended member, who thereafter got an order from this Court, based on the consent given by a person claiming to be the President, though removed.
The learned Counsel for the appellant in both appeals would submit that the material facts are suppressed. The consent has been given to the Writ Petitioner, by the second respondent in the writ petition, claiming to be the President. It is the appellants, who are the President and the Secretary of the second respondent school in the Writ Petition. As per the bylaws, the Secretary has to represent all the cases initiated in favour or against the second respondent in the Writ Petition. Thus the order will necessarily have to be set aside.
The learned Senior Counsel appearing for the first respondent / Writ Petitioner would submit that it is true that as per the bylaws, the secretary is the person to contest the case. However, without going into other issues, this Court may decide the Writ Petition on merits.
We are not constrained to undertake such an exercise. As fairly stated by the learned Senior Counsel that it is the Secretary, who is supposed to represent the Society. In such view of the matter, the consent given on behalf of the society, by the second respondent in the writ petition, to the writ petitioner cannot sustained in the eyes of law.
Such being the case, the order passed by the learned Single Judge stands set aside and the matter is remand back to the learned Single Judge for fresh consideration.
Consequently, the appellants herein are arrayed as party respondents in the Writ Petition. The Registry is directed to make necessary entries in the cause title by way of amendment and post the Writ Petition before the learned Single Judge on 13.09.2017, who is dealing with the aforesaid Writ Petition, as per the roaster, after obtaining appropriate orders from the Hon''ble Administrative Judge.
In result, these Writ Appeals are allowed. No costs. Consequently, connected Miscellaneous Petitions are closed.