The petitioner challenged an order initiating elections for office-bearers based on 768 committee members. The court declined interference as the election process was underway. Petitioners were directed to seek remedies post-election.
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Court No. - 54
Case :- WRIT - C No. - 40780 of 2019
Petitioner :- Dharmpal Singh Rathi And 4 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Madhava Nand Shukla,Awadhesh Kumar Malviya Counsel for Respondent :- C.S.C.,Nipun Singh
Hon'ble Rajiv Joshi,J.
Heard Sri Awadhesh Kumar Malviya, learned counsel for the petitioners and Sri R.K. Ojha, learned Senior Advocate assisted by Sri Nipun Singh, learned counsel for the respondent no.4 and learned Standing counsel for the respondent nos. 1 and 2.
Present writ petition has been filed for quashing the order dated 16.11.2019 passed by the respondent no.2-Assistant Registrar, Firms, Societies and Chits, Saharanpur, whereby the decision was taken to hold the election from the list of 768 members as per Section 25 (2) of the Societies Registration Act.
The said order was passed pursuant to the order of this Court dated 2.7.2019 passed in Writ C No. 19193 of 2019.
Contention of learned counsel for the petitioners is that 768 members are the members of committee of management and they are not members of the society.
On the other hand, learned Sri R.K. Ojha, learned Senior Advocate submits that election programme has been notified by the election officer on 25.11.2019, in which 15.12.2019 is the date fixed for election of office-bearers of the society. It is further submitted that since the election process has already been started and no interference is need by this Court.
In support of his contention, learned counsel for the respondent placed reliance upon various judgments of this Court rendered in the case of Gulab Dhar Pandey Vs. State of U.P., 2009 (4) ADJ 310, Committee of Management, Parwati Arya Kanya Sanskrit Inter College and another Vs. State of U.P. and others, 2016 LasSuit (AII) 847 and Committee of Management Shiksha Prasar Samiti Sagwar Unnao Vs. State of U.P., 2008 LawSuit (AII) 1743 .
Since, the election process has already been started and 15.12.2019 is the date fixed for holding the election, I am not inclined to interfere in the mid of the election process. The
petitioners have remedy to raise their grievance as per the impugned order under Section 25 (1) of the Societies Registration Act, before the appropriate authority after the election is over.
The writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 13.12.2019 Noman
2 issues framed by the court
Whether the court should interfere in the election process even if there is a grievance regarding the eligibility of the committee members.
Whether the petitioners have an alternative remedy available to challenge the election conduct after its conclusion.
Colour shows how this judgement treated each authority
Gulab Dhar Pandey Vs. State of U.P.Referred¶10
Gulab Dhar Pandey Vs. State of U.P., 2009 (4) ADJ 310
Committee of Management, Parwati Arya Kanya Sanskrit Inter College and another Vs. State of U.P. and othersReferred¶10
Committee of Management, Parwati Arya Kanya Sanskrit Inter College and another Vs. State of U.P. and others, 2016 LasSuit (AII) 847
Committee of Management Shiksha Prasar Samiti Sagwar Unnao Vs. State of U.P.Referred¶10
Committee of Management Shiksha Prasar Samiti Sagwar Unnao Vs. State of U.P., 2008 LawSuit (AII) 1743
2 provisions across 1 enactments
Dharmpal Singh Rathi And 4 Others
State Of U P And 3 Others
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
