Allahabad High Court
Prashant Kumar vs State Of U.P. Thru.Prin.Secy. ... on 13 February, 2023
Bench: Rajan Roy, Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 2
Case :- WRIT - C No. - 1033 of 2023
Petitioner :- Prashant Kumar
Respondent :- State Of U.P. Thru.Prin.Secy. Deptt. Of Cooperative And 3 Others
Counsel for Petitioner :- Asit Srivastava
Counsel for Respondent :- C.S.C.,Gaurav Mehrotra,Paramanand Asthana
Hon'ble Rajan Roy,J.
Hon'ble Manish Kumar,J.
Vakalatnama filed by Sri Devrishi Kumar, Advocate on behalf of opposite party no. 3 is taken on record.
In the morning, we have considered the similar issue in Writ C No. 1127 of 2023, as is involved in the present writ petition.
We have dismissed the aforesaid writ petition in the following terms:-
"Vakalatnamas filed by Shri Dev Prakash Mishra on behalf of respondent nos. 4 and 5, and Shri Abhinav Singh on behalf of respondent no. 2 are taken on record.
The present petition has been preferred with the following main prayers:
"1. Issue a writ, order or direction in the nature of certiorai quashing the impugned order dated 28.1.2023, passed by opposite party no. 3, as contained in annexure no. 1 to this writ petition.
2. Allow the writ petition with costs and such other and further orders may also be passed as may be deemed just and proper under the circumstances of the case for which the petitioners ever pray."
Learned counsel for the petitioner has submitted that the petitioner was the elected Committee of Management of Vidyut Transmission Karamachari Vetanbhogi Rin Sahakari Samiti Limited, Lucknow (hereinafter referred to as 'the Samiti') and the term of the society has already been expired on 31.1.2023. The petitioner earlier also approached this Court for continuance of the Committee of Management by filing a Writ-C No. 729 of 2023 which was decided by this Court by its judgment dated 30.1.2023 directing the respondent no. 4 to take appropriate measures for holding of elections of the petitioner's Society at the earliest and in the meantime, if any Interim Committee has not been constituted, the same shall not be constituted and the present Committee of Management shall continue to manage the affairs of the Samiti.
Learned counsel for the petitioner has further submitted that the respondent no. 4 has appointed a Committee on 28.1.2023 by ante dating the order. In actual, the Committee has been constituted after passing of the judgment and order dated 30.1.2023.
On the other hand, learned State Counsel, Shri Dev Prakash Mishra, learned counsel for respondent no. 4 and 5 and Shri Abhinav Singh, learned counsel for respondent no. 2 have submitted that the present petition is not maintainable as the petitioner's Committee has no right to continue till the holding of the election in the light of the judgment of Full Bench of this Court dated 14.3.2014 in Civil Misc. Writ Petition No. 47233 of 2012 (Committee of Management of Sahkari Ganna Vikas Samiti Ltd. And Anr. Vs. State of U.P. & Ors.).
It is apparent that the issue which has been raised in this writ petition has already been decided by the larger bench. Therefore, this Court finds no good ground to grant prayer as made in the writ petition.
In the result, the writ petition stands dismissed."
As the issue involved in the present writ petition is the same, therefore, we dispose of this writ petition in the same terms.
Order Date :- 13.2.2023
Nitesh
