Court No. - 54
Case :- WRIT - C No. - 42807 of 2019 Petitioner :- Vinod Kumar Varshney Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Tanisha Jahangir Monir Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Ms. Tanisha Jahangir Monir, learned counsel for the petitioner and learned Standing Counsel for the respondent Nos.1 to 3.
Present Writ Petition under Article 226 of the Constitution of India has been filed for quashing the impugned notice dated 24.11.2019 issued by the Election Officer, Brarah Saini College Society, Aligarh, respondent No.6, whereby the election process has already been started and 24.12.2019 is the date fixed for conducting the election.
The contention of learned counsel for the petitioner is that the petitioner being a member of the General Body of the Society already filed a complaint before the Deputy Registrar, Firms, Societies and Chits, Agra, respondent No.2 and without deciding his complaint, election programme has been finalized.
The Division Bench of this Court after considering the judgement of the Apex Court as well as this Hon'ble Court has settled that the election process once started it should come to its logical conclusion.In support of his contention learned counsel for the petitioner relied upon the Division Bench judgement in the case of Basant Prasad Srivastava and another v. State of U.P. and another reported in 1993(2) U.P.L.B.E.C. Page 1333 which is as follows :
"When once the election process starts, it must come to its logical conclusion. Once it comes to its logical conclusion by declaration of result of the election the aggrieved person may challenge the election by filing election petition or civil suit in accordance with law. In such a proceeding the election may not be set aside if the alleged illegality or irregularity has not materially affected the result of the election. Approach to Court at intermediate stages in the election is bound to result in an office either remaining vacant or being occupied by a person whose entitlement to hold the office has ceased. Neither is a happy situation. It is, therefore, desirable that the election process should end as early as possible and the declaration of result should not be deferred through repeated interim orders passed from time to time."
Under these circumstances, no good ground is made out for quashing the impugned notice, whereby election programme was declared. If the petitioner has any grievance, same can be raised after the election process is completed.
The Writ Petition lacks merit and is, accordingly, dismissed.
Order Date :- 20.12.2019 T. Sinha