Primps v. Board of Education

This petition for an order in the form of a mandamus to compel the respondents to permit petitioner, and other persons similarly situated, their lawful rights to vote on the 1970-1971 school budget is granted.

In this proceeding under CPLR article 78, the petitioner seeks to compel the Board of Education of a Union Free School District of a town to submit the annual school budget to a vote of the qualified voters of the district. The respondents, who are members of the Board of Education, defend upon two grounds. The first is that the court lacks jurisdiction to adjudicate the dispute because…