Court No. - 41
Case :- WRIT - C No. - 10990 of 2019 Petitioner :- Krishna Sishu Siksha Niketan Prempur Gudriganj And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Singh Counsel for Respondent :- C.S.C.,Abhishek Kumar Yadav,Bhola Nath Yadav
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners, learned Standing Counsel appearing for respondent nos. 1 and 2 and Sri R.K. Ojha, learned Senior Counsel assisted by Sri Santosh Kumar Chaubey, learned counsel appearing for respondent no. 3.
Learned counsel for the petitioners has submitted that Civil Misc. Amendment Application No. 2 of 2019 filed on behalf of the petitioners may be dismissed as not pressed at this stage.
The amendment application is dismissed as not pressed.
Sri R.K. Ojha has raised a preliminary objection that now the election has taken place and the petitioner no. 2 has also participated in the election of Manager held on 27.1.2019. The petitioner no. 2 contested the election of Manager and after completion of election process, he has himself written a letter dated 27.1.2019 to the respondent no. 2 to declare the result of election. The result of the election was declared in which the petitioner no. 2 had lost the election and the respondent no. 3 was declared as Manager. He further submitted that the list of office bearers was also approved by the respondent no. 2 and now the petitioner no. 2 has an alternative remedy to challenge the election under Section 25(1) of the Societies Registration Act, 1860 (hereinafter referred to as the Act, 1860), therefore, this writ petition is not maintainable.
Learned counsel for the petitioners has not disputed the facts so for as participation of the petitioner no. 2 in the election and declaration of the result of election are concerned, but submitted that on 28.1.2019 he has moved an application before the respondent no. 2 about malpractices in the election, therefore, the election is bad in law.
I have heard learned counsel for the parties and perused the record as well as Section 25(1) of the Act, 1860 which provides the efficacious remedy to challenge the election by filing reference made to it by Registrar or by atleast 1/4th members of the Society, therefore, the petitioner no. 2 has remedy to file reference under Section 25(1) of the Act, 1860.
Accordingly, the writ petition is dismissed with liberty to the petitioner no. 2 to approach the Prescribed Authority as provided under Section 25(1) of the Act, 1860.
Order Date :- 30.4.2019 Rmk.