Writ petition challenging voter list finalized for society elections. Court noted elections already held and refused to entertain challenge, leaving remedy open.
Writ petition dismissed with liberty to seek other remedies.
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Court No. - 19 Case :- WRIT - C No. - 18079 of 2018 Petitioner :- Nitin Agrawal Respondent :- Deputy Registrar And 3 Others Counsel for Petitioner :- Pankaj Misra Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
Heard learned counsel for the petitioner and Sri Nitinjay Pandey, who has entered appearance on behalf of respondents.
The instant writ petition is directed against finalisation of voter list by the Deputy Registrar on 5.12.2017 and the election programme dated 16.12.2017. The voter list, which is impugned, was finalised by the Deputy Registrar for holding election of the Managing Committee of a registered society named Agra Greater Educational and Welfare Society, Agra, in exercise of power under Section 25(2) of the Act. The order passed by the Deputy Registrar dated 9.11.2017 invoking power under Section 25(2) of the Act was subject matter of challenge before this Court in Writ-C No.55552 of 2017 by the outgoing Committee of Management. The writ petition was dismissed by order dated 22.11.2017. It is not in dispute that thereafter the elections were held by the Deputy Registrar under Section 25(2) of the Act.
The case of the petitioner, who claims himself to be a founder member, is that after filing of Writ-C No.55552 of 2017, the election process was kept in abeyance awaiting decision of this Court. Prior to that, the voter list was finalised. However, after the election process was resumed, the Deputy Registrar has not taken fresh exercise for determining the electoral college and he has only notified the date for nomination and for holding the elections. According to the petitioner, the Deputy Registrar should have undertaken fresh exercise for finalising the voter list, before holding the elections.
Concededly, the petitioner had not filed any objection against the provisional voter list on the previous occasion. It is also not disputed before this Court that in pursuance of election notification, elections have already taken place. The Committee which has been elected, has not been impleaded in the instant writ petition.
Having regard to these facts, this Court is not inclined to entertain the challenge to the voter list and the election notification and it is left open to the petitioner to avail such other remedy as may be advised.
The writ petition stands dismissed with the above liberty.
(Manoj Kumar Gupta, J.)
Order Date :- 23.5.2018 skv
1 issue framed by the court
Whether to entertain a challenge to the voter list finalized by the Deputy Registrar after elections had already taken place.
1 provisions across 1 enactments
Nitin Agrawal
Deputy Registrar And 3 Others
Manoj Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
