Court No. - 19
Case :- WRIT - C No. - 20690 of 2018 Petitioner :- Surendra Kumar Kaushik And 6 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Swapnil Kumar Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
The petitioners claim themselves to be members of the General Body of Sanjiv Memorial Educational Society, Ghaziabad, a society registered under the provision of the Societies Registration Act, 1860. According to the petitioners, an order was passed on 23.9.2013 by the then Deputy Registrar for holding election of the Managing Committee of the Society in exercise of power under Section 25(2) of the Act. It was followed by an order dated 21.12.2015 whereby, Electoral College was settled. An election programme was also notified for holding election on 17.1.2016. However, before election could be held, it was stayed by the Deputy Registrar by order dated 8.1.2016. Since then, election has not been held and hence, the instant writ petition seeking a mandamus commanding the respondent No. 3 to hold elections.
Learned counsel for the petitioners submitted that the petitioners have represented to the authorities time and again for holding election, but no heed is being paid to the same.
Learned standing counsel very fairly states that in case, the petitioners approach respondent No. 3, he will consider their grievance and will take decision in the matter.
Accordingly, the instant writ petition is disposed of with liberty to the petitioners to approach respondent No. 3 with a certified copy of this order and a fresh representation. In the event, any such representation is filed, the same shall be decided by respondent No. 3, by means of a speaking order, after due notice and opportunity of hearing to any person, who is likely to be affected by the decision. The decision shall be taken within a period of ten weeks from the date of communication of the order and receipt of representation.
(Manoj Kumar Gupta, J.) Order Date :- 31.5.2018 AM/-