Page 1

1

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

Page 2

2

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.