Krishan Dutt Sharma And 3 Others vs State Of U.P. And 4 Others
2021 Latest Caselaw 7221 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 
Case :- SPECIAL APPEAL DEFECTIVE No. - 436 of 2021
 
Appellant :- Krishan Dutt Sharma And 3 Others
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Appellant :- Satya Prakash Singh,Bajrang Bahadur Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
 
Hon'ble Piyush Agrawal,J.

Exemption application is allowed.

This appeal has been preferred against the judgment dated 28.1.2021.

The matter pertains to election of the Management Committee. The dispute in regard to members of general body of the Society was pending before Deputy Registrar of the Society. The election still proceeded thus a writ petition was filed to challenge the election. Learned Single Judge found that so far as the petitioners are concerned, they were not restricted to participate in the election as their names exist in the general body. The elections were held on 8th November, 2020. Thus, the writ petition was not entertained.

We do not find any illegality in the judgment of the learned Single Judge, as the election has already taken place. Thus, the prayer made by the petitioner could not have been accepted.

It is informed that the petitioners are having remedy to challenge the election, if it has not been conducted as per law.

Accordingly, we are not inclined to cause interference in the judgment impugned herein. The appeal is however disposed of with liberty to take remedy against election, as per law.

Order Date :- 7.7.2021

Tamang

(Piyush Agrawal,J.) (Munishwar Nath Bhandari,A.C.J.)