In pursuance of the order dated 12.6.2014 application for disposal of interim relief moved by the petitioner has been listed today.
Learned counsel for the petitioner appeared.
Learned standing counsel appeared for opposite parties no. 1 and 2.
Shri S.P. Shukla has filed vakalatnama for opposite party no.3, which is taken on record.
Heard both parties and perused record.
This writ petition was filed on 14.5.2015 and was listed for hearing on 21.5.2014. On 21.5.2014 none appeared for the petitioner, therefore 22.5.2014 date was fixed. On 22.5.2014 again date was fixed for 23.5.2014. On 23.5.2014 again date was fixed for 26.5.2014. On 26.5.2014 again 27.5.2014 was fixed. On 27.5.2014 again date was fixed for 28.5.2014. Ultimately on 28.5.2014 order was passed to list this writ petition in the month of July 2014 as fresh.
It is alleged by learned counsel for the petitioner that on the above dates petitioner's counsel could not appear because the advocates were refraining from work.
Learned counsel for the petitioner submitted that application for interim relief has been moved alongwith writ petition for staying operation of the impugned order dated 4.3.2014. He further submitted that in pursuance of the impugned order dated 4.3.2014 election of management committee has been declared and 22.6.2014 the date of election has been fixed. Therefore, there is urgency for hearing application for interim relief in summer vacation.
Learned counsel for the petitioner submitted that in view of Section 25 of Societies Registration Act, 1860 and judgement of Division Bench of this Court rendered in the case of Committee of Management, Anjuman Kherul Almin Allahganj and another vs. State of U.P. and others reported in (2014) 1 UPLBEC 233, the impugned order passed by opposite party no.2 is beyond jurisdiction and against law. Therefore, application for interim relief should be heard in summer vacation.
Learned standing counsel as well as learned counsel for opposite party no.3 opposed the application for hearing on interim relief.
I have considered submissions by both parties.
In view of submission made by learned counsel for the petitioner there appears urgency for hearing the application for interim relief. Hence application for hearing of interim relief in summer vacation is allowed.
Put up/list on 19.6.2014 for hearing of application for interim relief.
Order Date :- 17.6.2014 R.U.