Court No. - 29
Case :- WRIT - C No. - 40015 of 2019 Petitioner :- C/M Ajpa Parishad Sahkari Awas Samiti Ltd. And 8 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Sunil Kumar Gupta,Nirankar Singh,Vikas Srivastava Counsel for Respondent :- C.S.C.,Sunil Kumar Misra
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
Heard Shri Sunil Kumar Gupta, learned counsel for the petitioners, learned Standing Counsel for the State- respondents, Shri S.K. Mishra, learned counsel for the respondent Nos.2 & 3 and Shri Nirankar Singh, learned counsel appearing on behalf of so called freshly elected Committee of Management of AJPA Parishad Sahkari Avas Samiti Ltd., Sector-11, Vasundhara, Ghaziabad.
The petitioner No.1 claims to be the Committee of Management of AJPA Parishad Sahkari Avas Samiti Ltd. and petitioner No.2 to 9 as its office-bearers. They have preferred this petition for the quashing of the communication dated 11.11.2019 and seeking direction that they be permitted to work as the Committee of Management till the expiry of its five years term in February, 2020, and that the interim Committee of Management appointed by order dated 5.4.2019 be not allowed to function as its term of six months has expired.
The Upper Avas Adhikari/Upper Nibandhak, Co-operative Societies, by an order dated 5.4.2019 in exercise of powers under Section 29 (4-B) of the UP Co-operative Societies Act, 1965, appointed an interim Committee of Management for the above society. The said order was challenged by the rival Committee of Management of the said society by means of Writ-C No.19260 of 2019 (Ajpa Parikash Sahkari Awas Samiti Ltd. vs. State of UP & 2 others) and the operation of the order dated 5th April, 2019, appointing the interim Committee of Management, was stayed by the High Court vide order dated 31.5.2019. This order was further challenged by the other side before the Supreme Court and the order of the High Court was stayed on 19.6.2019. Now the said SLP/Civil Appeal was dismissed as withdrawn on 16.12.2019, with the result, the interim order granted by the Supreme Court has ceased to exist.
Section 29 (4-D) of the Act provides for a maximum term of six months for the interim Committee. The said term of the interim committee has come to an end on 5.10.2019 as such it has also ceased to function. On the other hand, the Committee of Management of the aforesaid society represented by Shri Nirankar Singh, learned counsel, is said to have been elected on 20th February, 2018 and alleges that it is entitled to function, but we do not find any recognition to such an elected society or approval to the elections of the said society.
At the same time, the elections of the petitioners-Committee of Management and its Members were declared to be null and void vide order dated 12.1.2018, passed by the Chief Election of Commissioner. The said order was recalled on 20.2.2018. This order was challenged by means of Misc. Bench No.8907 of 2018 and an interim order dated 29.8.2018 has been passed therein staying the operation of the order dated 20.2.2018. In this way, the order of the Chief Election Officer dated 12.1.2018 stand revived meaning thereby that the election of the petitioners-Committee of Management and its Members continued to be null and void.
In such a situation, as the petitioners are not the duly elected Committee of Management and the Members of the Society, we find that they have no locus to maintain this petition and to challenge any action in connection with the management of the aforesaid society, unless and until they succeed in getting the order of the Chief Election Commissioner dated 12.1.2018 quashed or set aide.
We do not find any challenge to the aforesaid order dated 12.1.2018, passed by the Chief Election Commissioner.
Accordingly, we are of the opinion that the petitioners are not entitled to maintain this petition and the same is dismissed.
Order Date :- 17.12.2019 LN Tripathi