Chief Justice's Court
Case :- WRIT - C No. - 6487 of 2018 Petitioner :- Shyam Pal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bansh Raj Mishra Counsel for Respondent :- C.S.C.
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Suneet Kumar,J.
Heard Mr. Bansh Raj Mishra, learned counsel for the petitioner and Mr. Ramanand Pandey, learned Additional Chief Standing Counsel for the respondent-State.
This writ petition impugns the notification/order dated 29.1.2018 whereby the concerned authority has finally determined constituencies for the elections of cooperative societies in the Shamli district. We are informed that the election programme is already set in motion and today filing of nominations has commenced. We have heard learned counsel for the petitioner. He submits that hearing, while determining the constituencies, as contemplated by Rule 27(5) of the U.P. State Cooperative Societies Election Rules, 2014, did not take place and on this ground, the notification/order dated 29.1.2018 deserves to be set aside. We have perused Rule 27(5) of the Rules and also the final notification dated 29.1.2018. It is clear from the order/notification itself that an opportunity of being heard was afforded to all those who were present on 22.1.2018. The date of hearing was notified vide notification dated 16.1.2018. The disputed questions raised by counsel for the petitioner stating that actual hearing was not given, in any case, cannot be examined in a writ jurisdiction under Article 226 of the Constitution of India. Hence the petition is dismissed.
Order Date :- 26.2.2018 VMA
(Suneet Kumar, J) (Dilip B Bhosale, CJ)