Court No. - 16
Case :- WRIT - C No. - 28544 of 2018 Petitioner :- Ashok Kumar Yadav And 17 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mritunjay Mohan Sahai Counsel for Respondent :- C.S.C., ,Rajendra Prasad Tiwari
Hon'ble Mrs. Sangeeta Chandra,J.
Heard the learned counsel for the petitioners and the learned counsel appearing for the respondent nos. 4 & 5.
The petitioners had earlier approached this Court by filing Writ-C No. 17674 of 2018 raising a grievance regarding the illegal termination of their membership from the Society and also complaining that the elections held on 9.11.2016 in which the respondent no. 4 was elected as Manager be cancelled.
This Court disposed of the writ petition on 17.5.2018 with a direction to the Assistant Registrar to look into the complaint already made before him by the petitioners and take a final decision in the matter within a period of three months after giving opportunity of hearing to all concerned.
The Assistant Registrar was considered whether the request made by the petitioners for cancelling the election dated 9.11.2016 is within his jurisdiction or not. The Assistant Registrar by the impugned order dated 27.7.2018 has rejected the complaint made by the petitioners without application of mind and without recording any reasons as to why he was not satisfied with the allegation made by the petitioners against the respondent nos. 4 & 5. A photocopy of the order dated 27.7.2018 has been filed as Annexure 9 to the writ petition.
This Court to be sure about the veracity of the arguments raised by the learned counsel for the petitioners asked him to produce a certified copy of the order impugned. A certified copy of the order impugned has been produced before this Court, it appears from the same that without application of mind to the controversy and without discussing or analysing the issues raised and the report submitted by the District Basic Education Officer, the order impugned has been passed. The order being completely non speaking is set aside.
The matter is remanded to the Assistant Registrar to decide afresh by reasoned and speaking order within a period of one month from the date a certified copy of this order is produced before him.
A certified copy of the order impugned is kept on record.
The writ petition is partly allowed to this extent.
Order Date :- 23.8.2018 Arif