Court No. - 7
Case :- WRIT - C No. - 26014 of 2019 Petitioner :- Mohd. Husain Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Syed Ahmed Faizan,Sri S.F.A. Naqvi ( Senior Advocate ) Counsel for Respondent :- M.A.Ausaf,Mohammad Ali Ausaf
Hon'ble Ajay Bhanot,J.
Sri M. A. Ausaf, learned counsel for the respondents raises a preliminary objection. He submits that the petitioner has an alternative and efficacious remedy of approaching the prescribed authority under Section 25(1) of the Societies Registration Act.
Sri S.F.A. Naqvi, learned Senior Counsel assisted by Sri Syed Ahmed Faizan, learned counsel for the petitioner, in his usual fairness does not contest the aforesaid proposition of law. However, he contends that the respondent no. 2, misdirected itself in law by approving the list by order dated 04.07.2019, since the elections were vitiated.
In light of the fact that the petitioner has an alternative and efficacious remedy, the relief sought in the instant writ petition, at this stage, cannot be granted. It is open to the petitioner to approach the prescribed authority under the relevant provisions of law, if so advised.
In case the petitioner approaches the prescribed authority, the prescribed authority shall decide the controversy expeditiously, preferably, within a period of four months, from the date of receipt of objection. The prescribed authority shall hear all necessary parties before passing any order.
The writ petition is disposed of finally.
Order Date :- 22.8.2019 Dhananjai