Jagdish Prasad Sharma vs State Of U.P. Thru Secy. And 3 ...
2013 Latest Caselaw 6935 ALL

Citation : 2013 Latest Caselaw 6935 ALL
Judgement Date : 8 November, 2013

Allahabad High Court

Jagdish Prasad Sharma vs State Of U.P. Thru Secy. And 3 ... on 8 November, 2013

Bench: Dilip Gupta




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 
Case :- WRIT - C No. - 61304 of 2013
 
Petitioner :- Jagdish Prasad Sharma
 
Respondent :- State Of U.P. Thru Secy. And 3 Others
 
Counsel for Petitioner :- S.P. Singh,Ashok Khare
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Dilip Gupta,J.

Jagdish Prasad Sharma claiming himself to be a life member of the General Body of the Society has filed this petition for a direction upon the respondents to restrain respondent no.4-Neha Sharma from holding any election for constituting the Committee of Management of the Institution and to appoint an Authorised Controller for holding fresh election.

It is stated that the elections held on 17th October, 2007 and 14th November, 2010 have not been approved till date and, therefore, the election for constituting the Committee of Management of the Institution in 2013 can only be held by the Authorised Controller.

Learned Standing Counsel appears for respondent nos.1, 2 and 3, while Sri Amit Saxena has filed his appearance on behalf of respondent no.4. Learned counsel has pointed out that the petitioner, as a life member of the General Body of the Society, has no locus to maintain this petition and even otherwise, the petition should not be entertained at this stage as the election for constituting the Committee of Management of the Institution has been notified to be held on 10th November, 2013.

It may not be necessary to examine whether this petition at the behest of a life member of the General Body of the Society should be entertained for the reason that the Court is declining to entertain this petition as the election for constituting the Committee of Management of the Institution is likely to be held on 10th November, 2013.

The writ petition is, accordingly, dismissed with liberty to the petitioner to raise his grievance before the Competent Authority after the election is held and the result is declared but the Authority shall also be at liberty to decide whether the petitioner has locus to file the objections.

Order Date :- 8.11.2013