Disposed

Kalindi Pulin Sahkari Awas Samiti Ltd. Mathura and Another v. State of U.P. and 5 Others

Allahabad HC19 Sept 2019WRIC/29917/2019

Case brief

AI extract

What is this about?

The court directed respondent no.3 to initiate election formalities within one week to ensure a new Committee of Management for the petitioner society is elected before the existing term expires, with subsequent steps directed to the Commission.

What did the court decide?

Direction to respondent no.3 to carry out election formalities within one week and ensure the election schedule is notified prior to expiry.

Kalindi Pulin Sahkari Awas Samiti Ltd… — Pension and Retirement Benefits | Allahabad HC (2019)

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Court No. - 1

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Case :- WRIT - C No. - 29917 of 2019

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Petitioner :- Kalindi Pulin Sahkari Awas Samiti Ltd Mathura And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rahul Sahai Counsel for Respondent :- C.S.C.,Narendra Kumar Giri,Satyam Singh

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Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.

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Heard Sri Rahul Sahai, learned counsel appearing for the petitioner, Sri Narendra Kumar Giri, learned counsel appearing for the Commission, namely, respondent no.5, Sri Surya Bhan Singh, learned Advocate holding brief of Sri Satyam Singh, learned counsel for respondent nos.3 & 6, learned Standing Counsel appearing for the respondent nos. 1,2 & 4 and perused the record.

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The grievance of the petitioner in the present writ petition is that the term of the Committee of the Management of the Co-operative Society, namely, the petitioner is going to expire on 29.9.2019, however, no process has been undertaken by the respondent no.3 to ensure that the election of new Committee of Management is held prior to the expiry of the term. He has drawn our attention towards various provisions of the U.P. Co-operative Societies Act, 1965 and election rules framed thereunder of the year 2014, pursuant to which, the respondents are under statutory obligation to ensure that the election of the Committee of Management is held prior to the expiry of the term.

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Learned counsel for the petitioner has further drawn our attention also to the earlier order passed by the respondent no.5 whereby it was ordered that the election of the Committee of Management of the Cooperative Societies including the petitioner's Society shall be concluded by 30.9.2019. However, he submits that the respondent no.3 is the responsible authority to carry out preliminary formalities to ensure that the proper election is held and yet, he submits that no such formalities have been conducted despite the fact that petitioner has repeatedly approached the authority concerned. It is a case of shifting burden by one authority upon the other authority and resultantly the process of election could not be commenced till date.

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Confronted with the above argument, learned counsel appearing for

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respondent no.5 submits that the necessary formalities have to be done at the end of respondent no.3 and in the absence of any formal communication by respondent no.3, respondent no.5 is not in a position to re-schedule the election process.

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Learned counsel appearing for respondent no.3 is however is not in a position to assist the Court as to why and under what circumstances the concerned officer has not been able to discharge his onerous duty to formalize the procedures qua the proposed election.

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In such view of the matter, we are disposing of this writ petition with the direction to the respondent no.3 to carry out the necessary task and accomplish the same at his end within a period of one week from today and he shall forward all necessary papers and documents and make recommendations to the Commission,namely respondent no.5 to issue necessary notification for holding election of the Committee of Management of the Society in the next three days.

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It is to be ensured that the election schedule is notified by respondent no.5 prior to the expiry of the term of the existing Committee of Management and proper affidavit of the compliance shall be submitted to this Court by respondent nos.3 & 5 by 1.10.2019.

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Let the matter be listed on 1.10.2019 only for the purposes of perusal of the compliance report.

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It is made clear that since learned counsel or the Commission is present before this Court, the Commission shall not linger on the same after receiving the report from the respondent no.3.

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(Ajit Kumar,J.) (Ramesh Sinha, J.)

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Order Date :- 19.9.2019/NS

Kalindi Pulin Sahkari Awas Samiti Ltd. Mathura and Another v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Kalindi Pulin Sahkari Awas Samiti Ltd. Mathura and Another v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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