Court No. - 18
Case :- WRIT - C No. - 14946 of 2014 Petitioner :- C/M Junior High School And 2 Others Respondent :- State Of U.P. & 5 Others Counsel for Petitioner :- Pradeep Upadhayay,I.R. Singh Counsel for Respondent :- C. S. C.,Bheem Singh,Irshad Ali,Jai Singh Yadav,R K Ojha
Hon'ble Pankaj Bhatia,J.
The present petition has been filed challenging the report dated 20.2.2014, annexure 8 to the writ petition and the impugned order dated 20.2.2014 annexure 7 to the writ petition whereby the list of members has been arbitrarily fixed by the Assistant Registrar, Firms Societies and Chits.
It was pointed out to the Court that the inquiry report was done behind the back of the petitioner without giving an opportunity of hearing or without calling any objection and on the same day, the list was finalized based on the said exparte inquiry.
This Court is of the opinion that the inquiry ought to have been concluded after hearing the stake holders. Thus, the report dated 20.2.2014, annexure 8 to the writ petition and the impugned order dated 20.2.2014, annexure 7 to the writ petition, both are quashed. The Assistant Registrar, Firms Societies and Chits is directed to prepare a fresh list after hearing all the stake holders within a period of two months from today. Both the parties are directed to appear before the Assistant Registrar, Firms Societies and Chits on 10th December, 2018 who may then fix a date and take proceedings further in accordance with law. The elections thereafter shall be held expeditiously in accordance with law within a further period of four months.
The writ petition is disposed of Order Date :- 30.11.2018 Pratima