Allahabad High Court
C/M Gramya Shiksha Vikas Samiti ... vs State Of U P And 3 Others on 1 August, 2019
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- WRIT - C No. - 23843 of 2019
Petitioner :- C/M Gramya Shiksha Vikas Samiti And Another
Respondent :- State Of U P And 3 Others
Counsel for Petitioner :- Neeraj Singh,Sri Amit Saxena (Senior Advocate)
Counsel for Respondent :- C.S.C.,Narendra Kumar Chaturvedi
Hon'ble Ajay Bhanot,J.
Supplementary affidavit filed today is taken on record.
Sri Amit Saxena, learned Senior Counsel, assisted by Sri Neeraj Singh, learned counsel for the petitioner submits that the election claim set up by the respondent no. 4 was in the teeth of Bye-Law no. 8 sub clause 3. The procedure prescribed under Bye-Law no. 8 sub clause 3 was not adhered to in the meeting allegedly called by respondent no. 4. He further submits that the term of the committee of management was five years. Number of elections were held after the term of five years, and in some elections,the respondent no. 4 was elected as President, of the society. This was the convention of the society. The respondent no. 4 never objected to the aforesaid convention at any point in time. The respondent no. 4 set up the election claim for the first time in the year 2013, on the foot that the term of committee of management was three years.
Learned counsel further contends that this stand of the respondent no. 4 actuated by malice. Respondent no. 4 is trying to usurp control of the affairs of the society. No findings in this regard have been returned by the respondent no. 3, while upholding the election claim of the respondent no. 3 in the impugned order. The impugned order looks vulnerable.
After some arguments, learned counsel for the parties agree that the respective election claims' set up by both the parties, have to be enquired into afresh by respondent no. 3.
The order dated 10.06.2019 is quashed.
With consent of Sri Amit Saxena, learned Senior Counsel assisted by Sri Neeraj Singh, learned counsel for the petitioner and Sri Ashok Khare, learned Senior Counsel, assisted by Sri Narendra Kumar Chaturvedi, learned counsel for the respondents, the matter is remitted to respondent no. 2.
(i) The parties shall exchange their pleadings and documents before the respondent no. 2 on 20.08.2019.
(ii) The respondent no. 2 shall record a finding, in the proceeding book, that the parties have been provided with the documents and pleadings, being relied upon by their respective adversaries.
(iii) The respondent no. 2 shall hear all concerned parties, apart from the petitioner and respondent no. 4, on 28.08.2019.
(iv) The respondent no. 2 shall decide both the competing election claims on their merits.
(v) The respondent no. 2 shall decide the controversy, by a reasoned and speaking order in accordance with law within a period of four weeks from 28.08.2019.
With the aforesaid directions the writ petition is disposed of.
Order Date :- 1.8.2019
Pravin
