The writ petition challenging the induction of 241 members by an Interim Committee was dismissed as premature since objections filed by the petitioner had not yet been decided by the authorities as of 16 April 2018.
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Court No. - 39 Case :- WRIT - C No. - 13542 of 2018 Petitioner :- Durgesh Kumar Yadav Respondent :- State Of U.P. And 249 Others Counsel for Petitioner :- Krishna Mohan Misra Counsel for Respondent :- C.S.C.,Narendra Kumar Giri
Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.
The petitioner is aggrieved by the induction of 241 members by the Interim Committee after the term of the Committee came to an end on 10 January 2018. It is stated that these 241 members will participate in the election even though the Interim Committee cannot induct the members.
Learned Standing Counsel appearing for the respondents have pointed out that the election schedule was notified on 16 February 2018 and time has been given to file objections against the list of members and these objections are required to be decided on 16 April 2018.
Sri Narain Kumar Giri has appeared for the U.P. State Cooperative Societies Election Commission.
The petitioner claims to have filed objections and a decision has yet to be taken on the objections filed by the petitioner. It is only that when the objections are decided that the petitioner may have a cause of action if he is not satisfied.
Learned Senior Counsel appearing for the petitioners has placed before the Court, an interim order dated 28 March 2018 passed by a Division Bench in Misc. Bench No. 8523 of 2018 (Ram Ji Mishra v. State of U.P. Thru. Prin. Secy. Cooperation and Others.)
As noted above, since a decision on the objections filed by petitioner has yet to be taken, we see no good reason to entertain this petition at this stage. The writ petition is clearly premature. It is, accordingly, dismissed.
Order Date :- 16.4.2018 Akram
(Dilip Gupta,J.)
(Neeraj Tiwari,J.)
Durgesh Kumar Yadav
State Of U.P.
Dilip Gupta
Neeraj Tiwari
As recorded by the court registry
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