Hon'ble Jaspreet Singh,J.
Present appeal is barred by limitation from 3 months and 6 days.
Heard Sri Manjiev Shukla, learned Additional Chief Standing Counsel for the State appellants and Sri Dhruv Mathur, learned counsel for the respondent nos. 1 to 3, on C.M.A. No. 112844 of 2018.
For the reasons assigned in the delay condonation application, we are of the view that the cause shown herein is sufficient to condone the delay in filing of present appeal. Accordingly, delay is condoned. Delay condonation application is allowed.
Heard on the application filed by the learned counsel for the respondent nos. 1 to 3 for dismissing the appeal as being infructous and not maintainable.
It has been submitted by learned counsel for the respondent nos. 1 to 3 that by means of the order dated 14.08.2017, which was set-aside by the learned Writ Court, the term of the Authorized Controller had been extended only up to 13.08.2018, which period had elapsed even before the filing of present appeal and, thus, the prayer made in the appeal rendered itself as infructous. The second objection herein is that on in a meeting of Managing Committee of Mahila Vidyalaya Society held on 11.08.2018 it was resolved that the elections for the post of office bearers and members of the Managing Committee of Mahila Vidyalaya Society as well as the Managing Committee of the degree college was to be held on 23.08.2018. On 23.08.2018 elections were duly held and results were declared on the very same day and list of elected members was communicated to the Deputy Registrar, Firms, Societies and Chits, Lucknow, which was duly registered and in this regard a certified copy of the same was issued on 24.09.2018. It has been further submitted that in the present appeal preferred by the appellants no challenge has been made with regard to the elections held on 23.08.2018 and no grievance has been raised by any party regarding the said elections till date before any forum, as such, present appeal rendered itself as infructous and prays for dismissal of present appeal as infructuous.
Learned Standing Counsel appearing for the State appellants submits that once the learned Writ Court vide order dated 03.05.2018, has set-aside the order dated 14.08.2017 by which the tenure of Authorized Controller was extended for a period of one year, then the matter is to be heard finally on merits and prays for rejection of application.
On due consideration of the aforesaid so also the fact that elections of Managing Committee of Mahila Vidyalaya Society for the post of office bearers and members of the Managing Committee of Mahila Vidyalaya Society as well as the Managing Committee of the degree college was held on 23.08.2018 and life span of Authorized Controller has already been expired, then in that event there is nothing survives that can be examined by this Court.
In view of the aforesaid, application for dismissing the appeal as being infructous and not maintainable, is allowed and special appeal is dismissed as infructous.
[ Jaspreet Singh, J. ] [ Pankaj Kumar Jaiswal, J. ] Order Date :- 31.7.2019 Shekhar