Shravan Kumar And Another vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 23426 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:57069
 
Court No. - 8
 

 
Case :- WRIT - C No. - 7345 of 2023
 

 
Petitioner :- Shravan Kumar And Another
 
Respondent :- State Of U.P. Thru. Prin. Secy. Institutional Finance, Lucknow And 3 Others
 
Counsel for Petitioner :- Ajay Pratap Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner, Sri Shachindra Pratap Singh, learned counsel appearing on behalf of the respondent no. 4 and perused the material brought on record.

The present writ petition has been filed by the petitioners challenging the order dated 09.08.2023 whereby finalizing the list of 130 members in the electoral college, an election programme has been issued.

The main contention of the learned counsel for the petitioners is that prior to the passing of the impugned order, an order dated 16.11.2022 was passed by the Deputy Registrar, Firms, Societies and Chits, Ayodhya Division, Ayodhya, issuing a tentative list of electoral college and inviting objection. In response to the said tentative list, objections were filed by the petitioners, which are contained as Annexure No. 3 to the writ petition. Without going into the said objections as filed on 29.11.2022, the impugned order dated 09.08.2023 has been passed by the Deputy Registrar, Firms, Societies and Chits, Ayodhya Division, Ayodhya upholding the tentative list as a final list and notifying the elections. While passing the said order, Deputy Registrar has recorded a finding that Deputy Registrar has no power to review the impugned order, as such, once a tentative list is issued, the order cannot be reviewed. The said finding is clearly erroneously inasmuch as that it is not the power of review that was to be exercised by the Deputy Registrar, but it was incumbent upon the Deputy Registrar to pass an order on the objections so filed by the petitioners to the tentative list. Having failed to do so, the impugned order is clearly not sustainable. More so, in the light of the judgment of this Court passed in the case of Banwari Lal Kanchal Versus Bhartendu Agarwal and others, 2019 (12) ADJ 235. As such, the impugned order is quashed. The Deputy Registrar is directed to dispose of the objection filed by the petitioners in respect to the tentative list issued by the Deputy Registrar vide its order dated 16.11.2022 and after passing the order on the said objection, the Deputy Registrar shall take steps for holding the elections in exercise of its power under Section 25(2) of the Societies Registration Act, 1860, with all expedition.

In view of the above, the writ petition is allowed.

Order Date :- 25.8.2023

Arun