Kunwar Virendra Pratap Singh vs State Of U.P. Thru. Prin. Secy. ...
2018 Latest Caselaw 1510 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 
Case :- MISC. BENCH No. - 20005 of 2018
 
Petitioner :- Kunwar Virendra Pratap Singh
 
Respondent :- State Of U.P. Thru. Prin. Secy. Cooperative & Others
 
Counsel for Petitioner :- Nirankar Singh,Km. Gitanjali Shukla
 
Counsel for Respondent :- C.S.C.,Gaurav Mehrotra,Sunil Kumar Singh
 

 
Hon'ble Vikram Nath,J.

Hon'ble Rajesh Singh Chauhan,J.

Heard learned counsel for the petitioner, Shri Gopal Kumar Srivastava, learned Standing Counsel for the State-respondents, Sri Gaurav Mehrotra, learned Counsel representing respondent no.2 and Sri Shree Prakash Singh and Sri Sunil Kumar Singh, Advocates have appeared for respondent Nos.4 & 5 and have filed Vakalatnama, which is taken on record.

Learned Counsel for the petitioner has submitted that the interim committee constituted on the expiry of the term of the Committee of Management is to continue till the election for a fresh Management of Committee are held. In the meantime, the interim committee can only carry out day-to-day affairs for the running of the society but cannot either induct any new member nor expel any members nor can take any policy decision. In support of his submission learned Counsel for the petitioner has placed reliance on the following judgments:-

(i) Writ Petition No.-7679(MB) of 2009 ( Vijay Shanker Rai Versus State of U.P. and Others.

(ii) JT. Registrar of Cooperative Societies,Kerala Versus T.A. Kuttappan and Others reported in (2000)6 SCC page 127.

(iii) K.Shantharaj and another Versus M.L. Nagaraj and Others reported in (1997) 6 SCC page 37.

Prima-facie, case for interim relief has been made out. As an interim measure, it is directed that the interim committee (respondent no.4) shall neither induct new members nor expel any member, nor take any policy decision in the Society. It will only continue to discharge the day-to-day functioning of the society. In case any new members are inducted after the interim committee of management took over, the said members would not be allowed to participate in the elections to be held for the office bearers of the Committee of Management.

All the respondents may file their respective counter affidavits within four weeks.

List after expiry of the aforesaid period.

When the case is next listed, names of Sri Shree Prakash Singh and Sunil Kumar Singh be shown in the cause list from the side of the respondents.

Order Date :- 13.7.2018

Suresh/

[Rajesh Singh Chauhan,J.] [Vikram Nath,J.]