RAMADHAR SINGH & ORS. Vs. COMMITTEE OF MGT. S.M.S.P.S. ITALI& ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 1671 of 2016, Judgment Date: Feb 23, 2016

                                                             NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        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.