Disposed

Vaibhav Srivasatava and 5 Others v. State of U.P. and 6 Others

Allahabad HC20 Jul 2023WRIC/20685/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging an election program for a cooperative society, noting elections were already held. The court left open the remedy under para 70 of the Act for the aggrieved party.

What did the court decide?

Writ petition disposed of without interfering in the impugned order; petitioner left open to avail statutory remedy.

Vaibhav Srivasatava and 5 Others Vs State of U.P… — Company and Corporate | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:145011-DB

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Court No. - 21

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Case :- WRIT - C No. - 20685 of 2023

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Petitioner :- Vaibhav Srivasatava And 5 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Indra Jit Singh,Sr. Advocate Counsel for Respondent :- CSC,Narendra Kumar Giri

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Manish Kumar Nigam,J.

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Sri N.K. Giri, learned counsel on behalf of respondent no. 3 and Sri Rajeev Gupta, learned Additional Chief Standing Counsel for the State-respondents have filed counter affidavits.

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2. Heard Sri O.P. Singh, learned Senior Counsel assisted by Sri Indra Jit Singh, for the petitioners, learned Additional Chief Standing Counsel for the Staterespondents and Sri N.K. Giri, learned counsel for respondent no. 3.

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3. Sri N.K. Giri, learned counsel for respondent no. 3 has alongwith the counter affidavit, annexed the result of election of Kisan Seva Sahkari Ltd., Block Rura, District Kanpur Dehat, dated 06.07.2023, according to which, all the petitioners except petitioner no. 1 have been declared elected.

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Sri O.P. Singh, learned Senior Counsel states that he does not wish to file any rejoinder affidavit and consequently, we heard the matter on merits.

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The petitioners have challenged an order dated 17.04.2023 passed by the Chief Election Commissioner i.e. respondent no. 3 notifying fresh election programme from the stage of publishing of the provisional list of the members. The order recites that by order of the Election Commission dated 31.01.2023, election programme for conducting election of the Managing Committee of the Society was notified. The District Election Officer/District Magistrate, Kanpur Dehat vide letters dated 17.03.2023 informed that the election proceedings were disrupted by the members and therefore, in pursuance of order of the Election

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Commissioner passed on the same date, the election process was kept under suspension. The impugned order further records that consequently, the election programme has to be notified afresh from the stage of publication of the provisional voter list as stipulated under Section 29(3) of the U.P. Co-operative Societies Act, 1965. As per new election programme, election was scheduled on 05.07.2023 and on the same date counting and declaration of result was to take place. On the next date i.e. on 06.07.2023, election of the President and Vice President and other delegates to be sent to other Societies, was held. The election result, as noted above, has been brought on record alongwith the counter affidavit.

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Sri N.K. Giri, learned counsel appearing on behalf of respondent no. 3 submits that since election has already been held and the result has also been declared, therefore, petitioner no. 1, who alone can be said to be aggrieved thereby has remedy of challenging the same under Section 70 of the Act read with Rule 50 of the U.P. State Co-operative Societies Election Rules, 2014.

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Sri O.P. Singh, learned Senior counsel appearing for the petitioner very fairly states that petitioner no. 1 will avail the said remedy if aggrieved.

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Accordingly without interfering with the impugned order, in view of the fact that elections have already been held, we leave it open to petitioner no. 1 to avail the remedy provided under the Act, if so advised.

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The petition stands disposed of .

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(Manish Kumar Nigam, J.) (Manoj Kumar Gupta, J.)

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Order Date :- 20.7.2023/Ruhi H.

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Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad

Vaibhav Srivasatava and 5 Others v. State of U.P. and 6 Others

Case brief

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Vaibhav Srivasatava and 5 Others v. State of U.P. and 6 Others

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