Allahabad High Court
Vinod Kumar Singh And Others vs State Of U.P. Thru. Prin. Secy. ... on 14 December, 2023
Author: Abdul Moin
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:82367
Court No. - 7
Case :- WRIT - C No. - 10839 of 2023
Petitioner :- Vinod Kumar Singh And Others
Respondent :- State Of U.P. Thru. Prin. Secy. Institutional Finance, Lucknow And Others
Counsel for Petitioner :- Ghanshyam Verma,Ripu Daman Shahi
Counsel for Respondent :- C.S.C.
Hon'ble Abdul Moin,J.
1. Heard Sri R.D. Shahi, learned counsel for the petitioners and learned Standing Counsel for the respondents no.1 and 2.
2. Instant petition has been filed challenging the order dated 20.11.2023 passed by respondent no.2, a copy of which has been filed as Annexure-1 to the writ petition. Along with the said order is also annexed the election schedule which is part of Annexure-1 (Page 32 to the writ petition) per which the nominations have been invited from 18.12.2023 and the election is scheduled to be held from 18.12.2023 itself.
3. Admittedly, the order has been passed under Section 25(2) of the Societies Registration Act, 1860.
4. Learned counsel for the petitioners has raised various grounds to challenge the order impugned including the grounds namely (a) no meeting was ever held, (b) no objections as were submitted by the petitioners were considered by the competent authority while passing the order impugned, and (c) Committee of Management was valid up to 05.10.2023.
5. However, the preliminary objection raised by the learned Standing Counsel is that keeping in view the Division Bench judgment of this Court in the case of Maharana Pratap Vidyalaya Prabhand Samiti vs. State of U.P. and others - 2013 (10 ADJ 532 as has been considered by this Court in the case of Janta Higher Secondary School Samiti, Lucknow vs. State of U.P. and others passed in Writ-C No.10512 of 2023 decided on 02.12.2023, once the election schedule has been notified then keeping in view the law laid down by the Apex Court in the case of N.P. Ponnuswami vs. Returning Officer - AIR 1952 SC 64, which has also been held applicable to the elections for the Committee of Management, the writ Courts have been restrained and refrained from interfering in the matter.
6. For the sake of convenience, the operative portion of the judgment in the case of Janta Higher Secondary School Samiti, Lucknow (supra) is reproduced as under:-
"5. This Court after considering the various Division Bench judgments has held that once the elections have been notified and the elections schedule have been published consequently, the law laid down by the Constitution Bench judgment of the Apex Court in the case of N.P. Ponnuswami vs Returning Officer, AIR 1952 SC 64 would be attracted and keeping in view the Division Bench judgment of this Court in the case of Maharana Pratap Vidyalaya Prabhand Samiti vs State of U.P. and others, 2013 (10) ADJ 532, the principle of law laid down by the Apex Court in the case of N.P.Poonuswami (supra) would be attracted wherein the High Court has been restrained from interfering with the process of election after elections are notified."
7. Keeping in view the specific bar as laid down by the Division Bench of this Court in the case of Maharana Pratap Vidyalaya Prabhand Samiti vs. State of U.P. and others - 2013 (10 ADJ 532 as has been considered by this Court in the case of Janta Higher Secondary School Samiti, Lucknow vs. State of U.P. and others passed in Writ-C No.10512 of 2023 decided on 02.12.2023, once the election schedule has been notified there can be no interference by the writ Court.
8. Accordingly, the preliminary objection raised by learned Standing Counsel is upheld. The writ petition is dismissed leaving it open to the petitioners to pursue other remedies as may be available to them.
Order Date :- 14.12.2023
A. Katiyar
