Shiv Saran Bhatia vs District Magistrate, Lucknow & ...
2013 Latest Caselaw 3389 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 22
 

 
Case :- MISC. BENCH No. - 5377 of 2013
 

 
Petitioner :- Shiv Saran Bhatia
 
Respondent :- District Magistrate, Lucknow & Others
 
Counsel for Petitioner :- Ajay Sharma,Ram Ji Trivedi
 
Counsel for Respondent :- C.S.C.,K.S. Pawar
 

 
Hon'ble Satyendra Singh Chauhan,J.

Hon'ble Devendra Kumar Arora,J.

Heard learned counsel for the petitioner and learned counsel for the opposite party Sri K.S. Pawar.

Learned counsel for the opposite party Sri Pawar was directed to seek instructions in the matter. He on the basis of instructions, states that a writ petition was preferred before this court bearing No.29878 of 2013 (MB), wherein the following observations were made by the Court:

"From a perusal of the orders passed by the Lucknow Bench, it is apparent that only a direction to hold the election of the Society in dispute has been passed. There is no order that only the Registrar would hold the election within the time mentioned in the said order.

In view of Section 29(3) of the Act, the Election Commission is now empowered to hold the election. Therefore, the notification in Annexure-IX is unsustainable and is accordingly set aside."

Learned counsel further states that the bye-laws also provide that the election is to be held in accordance with the amended provisions and the Election Commission is empowered to hold the election.  Therefore the prayer of the petitioner to hold the election by the Registrar of the Society cannot be sustained.

In view of above, the writ petition is devoid of merits and is accordingly dismissed.

However, it will be open for the Election Commission to hold the election in accordance with law.

Order Date :- 25.6.2013

A.Nigam