The Court held that a writ petition filed by an association on behalf of its members is not maintainable under Article 226 when the specific conditions for such maintenance are not satisfied. It dismissed the petition.
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Court No. - 34
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 19 of 2019
Petitioner :- Akhil Bharat Varshiya Gond Mahasabha Unit Ballia And Another Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Ashutosh Singh,Lallan Prasad Singh Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
"20. To summarise, the position appears to be that an association of persons, registered or unregistered, can file a petition under Article 226 for enforcement of the rights of its members as distinguished from the enforcement at its own rights-
(1) In case members of such an association are themselves unable to approach the court by reason of poverty, disability or socially or economically disadvantaged position "little Indians").
"21. In other cases an association whether registered or unregistered cannot maintain a petition under Article 226 for the enforcement or protection of the rights of its members, as distinguished from the enforcement of its own rights."
Order Date :- 23.1.2019 Akram
1 issue framed by the court
Whether a writ filed by an association on behalf of its members is maintainable under Article 226 when individual members are not before the court.
Colour shows how this judgement treated each authority
Umesh Chand Vinod Kumar Vs. Krishi Utpadan Mandi Samiti, Bharthana and othersReferred¶6
Umesh Chand Vinod Kumar Vs. Krishi Utpadan Mandi Samiti, Bharthana and others AIR 1984 All. 46 · Who else cites this
1 provisions across 1 enactments
Akhil Bharat Varshiya Gond Mahasabha Unit Ballia
State Of U.P.
Sudhir Agarwal
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
