Court No. - 19
Case :- WRIT - C No. - 35775 of 2018 Petitioner :- Mohammad Ataullah Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Rajvendra Singh,Sri G.K. Singh (Ar. Advocate) Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
The petitioner, who claims himself to be a member of General Body of Anjuman Chashmaihayat Rehati Trilochan, Bada Gaon, Kerakat, Jaunpur, a registered Society under the Societies Registration Act, 1860, is seeking a direction to the second respondent to hold election of the Managing Committee of the Society in exercise of power under Section 25(2) of the Act. The relief is founded on the ground that the last election of the Managing Committee was declared illegal by the Prescribed Authority by order dated 15.1.2009 passed under Section 25(1) of the Act. By the same order, a further direction was issued to the Assistant Registrar to hold fresh elections for constituting the Managing Committee. It is pointed out that the order of the Prescribed Authority was subjected to challenge before this Court in Writ Petition No. 23475 of 2001. Ultimately, the said writ petition was dismissed as withdrawn by order dated 10.4.2018. The Assistant Registrar, though had finalised the Electoral College on 24.6.2010, has not held elections so far. The petitioner along with certain other members has represented to the Assistant Registrar for holding elections on basis of Electoral College finalised by order dated 24.6.2010, but no decision has been taken by the Assistant Registrar so far.
Sri G.K. Singh, learned senior counsel appearing on behalf of the petitioner submitted that the second respondent be directed to decide the representation of the petitioner dated 7.9.2018 within a specified time, to which learned standing counsel has no objection.
Accordingly, the writ petition is disposed of by directing the second respondent to pass a speaking order on representation dated 7.9.2018 (Annexure 8) in accordance with law, expeditiously, preferably within a period of eight weeks from the date of receipt of certified copy of this order along with photo copy of the representation. The order shall be passed after providing opportunity of hearing to the petitioner, respondent Nos. 4 to 6 or to any other person, who may be claiming rival interest.
(Manoj Kumar Gupta, J.) Order Date :- 27.10.2018 AM/-