Court No. - 19
Case :- WRIT - C No. - 20836 of 2018
Petitioner :- Virendra Pratap Singh And 21 Others
Respondent :- State Of U P And 3 Others
Counsel for Petitioner :- Dharmendra Kumar Shukla
Counsel for Respondent :- C.S.C.,Balwant Singh
Hon'ble Manoj Kumar Gupta,J.
The petitioners are aggrieved by order dated 17.5.2018 passed by Assistant Registrar, Firms, Societies and Chits, Gorakhpur whereby, Electoral College has been finalised under Section 25(2) of the Societies Registration Act, 1860 for holding election of the Committee of Management of Bharat Singh Krishi Vidyalaya, Bharat Nagar, Harraiya, Basti.
The petitioners claim that they are life members of General Body, but their claim has been wrongly rejected by the impugned order.
After some argument, counsel for the petitioners submitted that the petitioners may be granted liberty to challenge the outcome of the election by seeking reference under Section 25(1) of the Act. He submitted that in case, the petitioners file reference, the Prescribed Authority may be directed to consider and decide the same, in accordance with the law laid down in Committee of Management Sri Vidur Sewa Ashram and others Versus State of U.P. and others, 2018 (5) ADJ 717 (P. 46).
Sri P.N. Saxena, learned senior counsel appearing on behalf of respondent No. 3 states that he does not have any objection to the same. He states that in case reference is made, it is always open to the Prescribed Authority to examine the same in accordance with the law down by this Court.
Accordingly, without entering into merits, the instant writ petition is permitted to be withdrawn with liberty reserved in favour of the petitioners to seek reference before the Prescribed Authority, after election is held. In such an event, it goes without saying that the same shall be dealt with in accordance with the statutory provisions and judgments of this Court.
The writ petition stands disposed of accordingly.
(Manoj Kumar Gupta, J.)
Order Date :- 31.5.2018 AM/-