Court No. - 54
Case :- WRIT - C No. - 39867 of 2019 Petitioner :- Anjuman Islamia Committee And Another Respondent :- State Of U P And 13 Others Counsel for Petitioner :- Ved Byas Mishra Counsel for Respondent :- C.S.C.,Amresh Tripathi,Pankaj Kumar Gupta
Hon'ble Rajiv Joshi,J.
Heard Sri Ved Byas Mishra, learned counsel for petitioners and Sri V.K. Singh, learned counsel for respondent nos. 8 to 11 as well as learned Standing counsel for respondent nos. 1 to 5.
The writ petition under Article 226 of the Constitution has been filed for quashing the order dated 26.11.2019 passed by the Observer/District Agriculture Officer, Deoria (respondent no.4) whereby the election dated 15th December, 2019 was postponed to 29th December, 2019 for holding the election after re-verification of list of the Members.
The facts as reflects from the record that the Committee of Management namely, Anjuman Islamia Committee, Deoria has decided to hold the election of the said Committee and since there are large number of Members of the Committee and therefore, the petitioners' Committee requested to the District Magistrate to appoint any Observer for conducting the election peacefully and transparent manner. Subsequently, the District Minority Welfare Officer vide order dated 4.11.2019 appointed a District Agriculture Officer as Observer. However, the Observer in turn vide order dated 26.11.2019 passed an order for re-verification of list of the Members and directed that the election would be held on 29.12.2019.
It is contended by learned counsel for the petitioners that the election process had already been started and the nominations had already been made, therefore, the order passed by the Observer/District Agriculture Officer is totally without jurisdiction. In support of his contention, he relied upon the judment on Hon'ble Apex Court in the Cases of Tapash Majumder & Anr. Vs. Pranab Dasgupta & Ors reported in 2004 (13) SCC 574, Fahim Ahmad & Ors Vs. State of U.P. & Ors reported in 2009 (5) ADJ 58 (DB).
On the hand hand, learned counsel for respondents submits that the order impugned has been passed for re-verification of list of the Members and the date of the election was postponed and there is no illegality or infirmity in the impugned order.
I have considered the rival submissions raised by the parties and perused the record.
The record reflects that although, the list of the Members of the Committee had already been verified by the election Committee and the election programme has been published and even some of the persons, filed the objections against the list had already filed their nominations.
Submission of learned Standing counsel that the election was postponed for re-verification of list of the Members and the re- verification had already been made by the Observer. Since the date for holding the election i.e. 15.12.2019 had already been passed, in these circumstances, there is no justification and in fact the relief claimed by the petitioners has become infructuous.
In the facts and circumstances of the case, the Observer/ Election Officer/ District Agriculture officer (respondent no.4) is directed to hold the election of the petitioners' Committee positively on 29.12.2019 as per the schedule programme.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 18.12.2019 Akbar