HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 35 Case :- WRIT - C No. - 61853 of 2011 Petitioner :- Ganga Prasad Tiwari Respondent :- State Of U.P. And Others Petitioner Counsel :- L.P. Singh,K.D. Mishra Respondent Counsel :- C.S.C. Hon'ble Sunil Hali,J.
The dispute in this writ petition relates to the validity of the members who constitute the electoral college for the purpose of electing and managing the Institution. The writ petition No.185 of 1995 came to be filed in this Court, which was disposed of on 26.4.1995 with the direction that till the matter is resolved in the Civil Court, an Authorised Controller be appointed. There was a clear stipulation in the order that the Authorised Controller, so appointed shall, however, not hold any election or induct anyone as member of the general body of the Institution.
Learned counsel for the petitioner states that this order has assumed finality and has not been questioned in any other forum. Notification for conducting the election has been issued by the Authorized Controller. The said election is stated to be held on 2.11.2011. The grievance of the petitioner is that in face of the direction issued by this Court, no election could be held by the Authorised Controller till the issue is settled in the Civil Court. It is further stated that the matter is still pending before the Civil Court.
Learned standing counsel has accepted notice on behalf of respondent Nos. 1 to 3. He prays for and is allowed two weeks time to file counter affidavit.
Issue notice to the respondent No.4 returnable within two weeks. Steps be taken within one week.
List this matter on 24.11.2011.
Till then, no election in pursuance of the notification shall be conducted in the said Society. This order will, however, be subject to the objection of the other side.
Order Date :- 1.11.2011 NS