Court No. - 41
Case :- WRIT - C No. - 17267 of 2019 Petitioner :- Arun Kumar Rai Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Himanshu Pandey Counsel for Respondent :- C.S.C.,Mohd. Aslam Khan,Ras Bihari Pradhan
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1 and 2 and Mohd. Aslam Khan, learned counsel for the respondent no. 4.
Learned counsel for the respondent no. 4 has raised a preliminary objection that the petitioner is not a member of the Society, therefore, he cannot maintain this petition. He further submitted that in the impugned order dated 18.3.2017, there is clear cut finding of the Basic Shiksha Adhikari, Ghazipur that the petitioner is claiming himself to be life member of the Society whereas in the Bye-laws, there is no provision of life member. He further submitted that this petition has been filed at a very belated stage i.e. after more than two years from the date of passing of the impugned order.
Learned counsel for the petitioner submitted that in paragraph 6 of the writ petition he has stated that the petitioner and respondent no. 4 are life members of the Society, which is running the institution in the name of Savitri Balika Junior High School, Deva Bairanpur, District Ghazipur duly registered with Assistant Registrar, Firms, Societies and Chits, Varanasi, but could not demonstrate that in the Bye-laws, there is provision of life member and he is life member of the Society.
Under such circumstances, as the petitioner could not demonstrate his locus to challenge the order dated 18.3.2017, therefore, the writ petition is dismissed on the ground of locus.
Order Date :- 29.5.2019 Rmk.