Court No. - 38
Case :- WRIT - C No. - 19926 of 2018 Petitioner :- Smt. Mridula Pandey Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Siddhartha Srivastava Counsel for Respondent :- C.S.C.,Narendra Kumar Giri,Rajesh Kumar Verma
Hon'ble Abhinava Upadhya,J. Hon'ble Abhai Kumar,J.
Heard Sri Siddhartha Srivastava, learned counsel appearing for the petitioner, Sri Narendra Kumar Giri, learned counsel appearing for the respondent no. 2 and learned Standing Counsel for the State.
By means of this petition the petitioner has come to this Court being a member of the cooperative society that result of election of committee of management be declared.
The factual matrix of the case is that in the said cooperative society voter list was published on 16.4.2018 and elections took place on 24.4.2018. In the meantime, before the election could be held, some of the members filed a writ petition before the Lucknow Bench of this Court and this Court held that once the term of the committee of management expired and interim committee was constituted, the interim committee could not have inducted any new members or taken the policy decision and therefore any new members that were inducted cannot be allowed to participate in the election. This order was passed on 20th April, 2018.
Sri Siddhartha Srivastava, learned counsel appearing for the petitioner submits that the name of the new members that were inducted by the interim committee were deleted and elections took place and voting was done on 24th April, 2018 but before the counting could be made, the order impugned has been passed by Chief Election Commissioner on 24th April, 2018 itself citing the interim order of this Court, directing fresh election in exercise of power under Section 29(3) of the Cooperative Societies Act.
Sri Siddhartha Srivastava, learned counsel, submits that the impugned order dated 24.4.2018 appears to have been passed in ignorance of the interim order granted by this Court as on that date voting had already taken place excluding the name of the newly inducted members and therefore the counting of votes was required to be done.
Sri Narendra Kumar Giri, learned counsel, appearing for the respondent no. 2 submits that once the High Court directed that the new members cannot be inducted by the interim committee in the voter list and voter list ought to have been finalized and objections be invited and thereafter elections be held, that having not been done, the order impugned is totally justified for calling for new elections under Section 29(3) of the Act.
We have considered the submission of the learned counsel for the petitioner and learned counsel for the respondent no. 2. In our view, it would be appropriate to direct the petitioner to approach the respondent no. 2 and bring out the correct facts before it. In case such representation is made, the respondent no. 2 shall consider the claim of the petitioner in the light of the interim order passed by the this Court on 20.4.2018 in Writ Petition No. 11550 of 2018 and pass a fresh order.
With the aforesaid direction, the writ petition is finally disposed of.
Order Date :- 30.5.2018 Ranjeet Sahu (Abhai Kumar, J.) (Abhinava Upadhya, J.)