WPMS/1840/2021
2021 Latest Caselaw 3885 UK

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                                     WPMS No.1840 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Navnish Negi, Advocate, for the petitioner.

Mr. Rakesh Kunwar, Additional CSC, for the State of Uttarakhand/respondent Nos.1 to 4.

Admittedly, the petitioner is an ousted member of the society, which is conducting the affairs of the respondent Institution. He has never challenged his order of ouster from the membership of the society. In fact, he was a complainant only, as against the proceedings of the election, which was resorted to by the respondents, in pursuance to the judgment which was rendered in a writ petition being WPMS No.31 of 2021, "Alam Singh Rawat Vs. Additional Director of Education, Garhwal Mandal, & others", by the coordinate Bench of this Court on 07.01.2021. As a consequence of the issuance of list of members, which was finalized by an order of 27.05.2021, it is this list which has been put to challenge by the petitioner on the ground that since he was a complainant, he has a right to maintain a writ petition before this Court.

This Court is not in agreement with the contention, which has been extended by the learned counsel for the petitioner. Since he is not a member of the society, and merely because of the fact that he happens to be a complainant, he has got no legal right as such to challenge the list as published by the Authorized Controller.

After arguing for some length, learned counsel for the petitioner prays, that he may be permitted to withdraw the writ petition. The said permission is granted.

The writ petition is dismissed as withdrawn.

(Sharad Kumar Sharma, J.) 24.09.2021

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