Udai Veer Singh Chandail (In Wric ... vs State Of ...
2022 Latest Caselaw 5412 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 5
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 55 of 2022
 

 
Appellant :- Udai Veer Singh Chandail (In Wric 3524 Of 2021)
 
Respondent :- State Of U.P.Thru.Prin.Secy./Addl. Chief Secy. Institutional Finance U.P. Civil Secrt. Lko. And Ors
 
Counsel for Appellant :- Dileep Kumar Mishra
 
Counsel for Respondent :- C.S.C.,Piyush Mishra,Som Kartik Shukla
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Om Prakash Tripathi,J.

Order on Delay Condonation Application

This appeal has been filed with a delay of two days as reported by Stamp Reporting Section.

In view of the facts as mentioned in the application for condonation of delay, this Court is satisfied with the explanation given. The delay of filling the appeal is condoned.

Order on Appeal

The order dated 13.05.2022 passed in Writ Petition No. 3524/2021 Committee of Management, Dulare Lal Yadav High School through Manager and another Vs. State of U.P. through Principal Secretary, has been challenged in this appeal by the appellant on the ground that learned Writ Court has proceeded to decide the maintainability of the writ petition on behalf of the challengers to the election of the appellant, who was the respondent in the said writ petition.

This Court has perused the order passed by learned Writ Court and finds that learned Writ Court has observed that right to file the petition has arisen for the petitioner Rakesh Kumar Gupta on account of the judgment of this Court dated 23.09.2019 passed in Writ Petition No. 507 (MS)/2013. Such judgment has not been challenged by the respondent no. 3.

This Court has perused the order impugned which is only an interim order rejecting the objections raised by the appellant to the maintainability of the petition. This Court is of the considered opinion that Writ Court having considered the objections raised by the appellant to the maintainability of the petition has come to the conclusion that such petition was maintainable on behalf of Shri Rakesh Kumar Gupta. With regard to second objection regarding non-impleadment of the Society, the Court has held that no relief has been sought against the Society per se but Society being a proper party should have been impleaded by way of filing proper impleadment application.

This Court finds no good ground to interfere in such order passed by learned Writ Court.

Accordingly, the appeal stands dismissed.

Since the interim order is operating against the petitioner for a long time, it is requested that the Writ Court may consider and decide the petition as expeditiously as possible.

Order Date :- 27.6.2022

Sharad/-