Disposed

Lalit Kumar v. State of U.P. and 8 Others

Allahabad HC4 Apr 2023WRIC/10927/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking orders quashing an election and mandating an inquiry due to territorial jurisdiction issues in a cooperative society. The court observed on the merits of the petition but directed the petitioner to approach the competent authority via an election suit within two weeks.

What did the court decide?

None directed; petitioner directed to file an election suit within two weeks before the competent authority.

Lalit Kumar Vs State of U.P. and 8 Others — Cooperative Societies | Allahabad HC (2023)

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Court No. - 40

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Case :- WRIT - C No. - 10927 of 2023 Petitioner :- Lalit Kumar Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Devendra Mishra,Arvind Kumar Mishra

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Counsel for Respondent :- C.S.C.

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Manjive Shukla,J.

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Heard learned counsel for the petitioner and Sri Satyam Singh, learned Standing Counsel for the State respondents.

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The present writ petition has been filed for a direction commanding the Registrar, Cooperative Societies, U.P. Lucknow (respondent no.3) to inquire into the matter and pass final order on the application of the petitioner dated 16.2.2023. Further prayer is made to issue direction to the respondent no.3 to take legal decision against the respondent no.09 within stipulated time.

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The petitioner is permanent resident of Village Panchayat Dhanupur Kheda, Block and Tehsil Bilari, District Moradabad. He claims to be a member of "Kisan Seva Sahkari Samiti, Sonai Roja, Block Bilari, District Moradabad" (in short, the Society) from his Village Panchayat, which is an agricultural Society as defined under Section 2 of U.P. Cooperative Societies Act, 1965 (hereinafter referred to as the 'Act'). Earlier, he was also elected as President/Chairman of the said Society and he had performed his duties as per provisions of the Act. There are members of 12 Village Panchayats of Block Bilari, District Moradabad and the details of members of the Society are given in para-5 of the writ petition.

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Learned counsel for the petitioner submits that Village Panchayat Dharamppur Ratta fell in the territory of Block & Tehsil Bilari, District Moradabad and was also part of the said Society. On 29.10.2020 the respondent no.2 has issued a notification for re-constitution of Block Bilari, District Moradabad and Block Baniya Kheda, District Sambhal, wherein Village Panchayars Jahagirpura and Dharam Pur Ratta were notified to be within the territorial jurisdiction of Block Baniya Kheda, District Sambhal excluding from Block Bilari, District Moradabad. It is

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submitted that Village Panchayat Dharampur Raata, which was a part of Bilari as well as the Society, cannot come under the territorial jurisdiction of Block Bilari and the Society. It is claimed that Village Panchayat Dharampur Ratta comes under the territorial jurisdiction of Block Baniya Kheda, District Sambhal.

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Learned counsel for the petitioner further submits that after issuance of the aforesaid notification the voting rights of voters of Village Panchayat Dharampur Ratta as well as other village panchayats are ceased for casting their votes in the election of the Society falling in Block Bilari. The rights of casting of their votes of the said village panchayats come under the territorial jurisdiction of Block Bnaiya Kheda, District Sambhal and therefore, the voters and members of the Village Panchayat Dharampur Ratta have no right to cast their votes in Block Bilari in the election of the Society. The term of the Society had come to an end and consequently, the Election Commissioner has published the election programme for the election of the Society on 31.1.2023. On 16.02.2023 the petitioner has submitted his objections qua inclusion of members of the Village Panchayat Dharampur Ratta in the list/voter list of the Society for the forthcoming election, which was scheduled to be held on 19.03.2023. Thereafter, the election was held on 19.03.2023 in which the respondent no.9, who belongs to Village Panchayat Dharampur Ratta, was elected as Vice President of the Society. Learned counsel for the petitioner, in this backdrop, submits that the petitioner is aggrieved with the arbitrary change of territorial jurisdiction of District Sambhal.

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Sri Satyam Singh, learned Standing Counsel has placed detailed instructions dated 01.4.2023 sent by the District Cooperative Society Election Officer/Assistant Commissioner and Assistant Registrar, Co-societies Department, Moradabad, wherein it has been indicated that the list of Preliminary Societies as well as the final election territory of the Societies was published in daily newspaper 'Hindustan' on 17.2.2023 inviting objections within seven days. Admittedly, the petitioner has not filed any objection/response to the said letter. Consequently, the result of election of Sonai Roja Kisan Sewa Samiti has already been declared on 18.3.2023 and 19.3.2023. He submits that the election has already taken place and in case the petitioner is still aggrieved, he may invoke the

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remedy by filing Election Suit as provided under Chapter VII Rule 50 of the Uttar Pradesh Cooperative Societies Election Rules, 2014.

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Considering the facts and circumstances of the case and without expressing any opinion on the merits of the issue, the writ petition is disposed of with observation that in case the petitioner invokes the alternative remedy of filing election suit before the competent authority within a period of two weeks from today, the same would be decided on merits expeditiously.

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Order Date :- 4.4.2023

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Salim

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Digitally signed by :- SALIM PRAVEJ High Court of Judicature at Allahabad

Lalit Kumar v. State of U.P. and 8 Others

Case brief

What is this about?

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Lalit Kumar v. State of U.P. and 8 Others

Case brief

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