- Court
- High Court of Judicature at Allahabad
- Decided
- 11 October 2023
- Case no.
- WRIC 26093/2023
Judgment
Court No. - 10 Case :- WRIT - C No. - 26093 of 2023 Petitioner :- Deepu Kumar Gupta And 4 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sheetla Sahai Srivastava Counsel for Respondent :- C.S.C.,Arvind Kumar Hon'ble Kshitij Shailendra,J.
¶1Heard learned counsel for the petitioners, learned counsel for the respondents, learned Standing Counsel for the State-respondents and perused the record.
¶2This petition has been filed by five persons, who claim to have been enrolled as members of the society, namely, Hira Lal Barehsaini Inter College, Aligarh Society, with a grievance that their names are not being included in the electoral list, although after expiry of the term of the society/ committee, fresh elections are to be held.
¶3On perusal of the record, I find that in 2019 one Ashok Kumar Gupta was elected as Manager of the committee in view of the pleadings contained in the writ petition, however, the respondent no.5-Committee of Management, on whose behalf a caveat application has been filed, has been shown to be represented to one Nitesh Kumar Gupta.
¶4I find that the application moved by the petitioners before the Assistant Registrar does not appear to be in conformity with any statutory provision and this Court, considering the fact that, according to the petitioners, around 1,000 members have been enrolled, is not inclined to issue any direction at this stage to hold up elections with regard to which two prayers have been made in the writ petition. Once the term of the Committee has been expired, fresh elections are to be held and, the Court cannot prejudge the validity of the elections or the electoral body merely at the instance of five members out of 1,000, particularly when certain facts are still not clear.
¶5Saving the rights of the petitioners to assail the validity of the elections or any electoral roll to be notified or to be prepared, this petition is dismissed. Order Date :- 12.10.2023 Anurag/- High Court of Judicature at Allahabad
Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.