Chemists And Druggists ... vs State Of U.P. And 4 Others
2023 Latest Caselaw 2845 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - C No. - 29748 of 2022
 
Petitioner :- Chemists And Druggists Federation Uttar Pradesh
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Aditya Gupta,Harsh Vardhan Gupta
 
Counsel for Respondent :- CSC,A.S.G.I.,Vivek Kumar Singh
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Vipin Chandra Dixit,J.

Heard Sri Navin Sinha, learned Senior Advocate assisted by Sri Harsh Vardhan Gupta, learned counsel for the petitioner, Sri Rajeev Gupta, learned Additional Chief Standing Counsel appearing for the State respondents, Sri Vivek Kumar Singh, learned counsel appearing on behalf of respondent no. 5 and perused the record.

The preliminary objection has been raised with regard to the maintainability of the writ petition with the categorical assertions that the petitioner is represented through Sri Suresh Gupta, who claims to be the General Secretary of the petitioner association, which is a registered body. In the rejoinder affidavit this much is admitted that the fresh election of the General Body of the association has not been conducted after setting aside of the last election dated 30.09.2021 by this Court, vide judgment and order dated 27.04.2022. It is an admitted fact of the matter that the petitioner though was elected in the elections held on 30.09.2021 but with the setting aside of the elections under the orders of this Court, the elected body is not in existence. Under the byelaws, only the elected General Secretary of the association can maintain the writ petition / litigation on behalf of the body.

In view of the above admitted fact, we find substance in the objections raised by learned Additional Chief Standing Counsel. However, at this stage, on the prayer made by the learned counsel for the petitioner, we permit him to withdraw the present petition with liberty to file fresh petition on behalf of individuals.

The writ petition is, accordingly, dismissed as withdrawn with the liberty as aforesaid.

Order Date :- 27.1.2023/sailesh