Bansu vs State Of U P And Others

Court No. - 41

Case :- WRIT - C No. - 14353 of 2019 Petitioner :- Bansu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Uma Nath Pandey Counsel for Respondent :- C.S.C.

Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner and learned Standing Counsel for respondents.

Learned counsel for the petitioner submits that petitioner has challenged the order dated 17.5.2018 passed by Assistant Registrar, Firms, Societies and Chits, Gorakhpur whereby, Electoral College has been finalised under Section 25 (2) of the Societies Registration Act, 1860 (herein after referred to as "Act, 1860) for holding election of the Committee of Management of Bharat Singh Krishi Vidyalaya, Bharat Nagar, Harraiya Basti by filing Writ-C No. 20836 of 2018 on the ground that he is life member of general body and his claim has wrongly been rejected by the impugned order, which was disposed of vide order dated 31.5.2018. He further submits that in the said petition, petitioner has granted liberty to challenge the outcome of the election by seeking reference under Section 25(1) of the Act, 1860. After election, petitioner along with other members has filed Reference No. 4 before Prescribed Authority/ Sub Divisional Officer, Harraiya Basti on 22.9.2018 in which notices were issued and also order was passed to obtain records from the Assistant Registrar- respondent no. 2. Records were provided by the Assistant Registrar, but later on same was taken back and thereafter never been provided. Due to unavailability of records, reference could not be decided and only dates are being fixed. Lastly, he submits that a suitable direction may be issued to respondent no. 2 to provide relevant record as well as assistance for deciding Reference No. 4 and further respondent no. 3 may also be directed to decide the Reference No. 4 within a reasonable time.

Learned Standing Counsel for the respondents has no objection to the prayer made by the petitioner.

Considering the facts and circumstances of the case, the petition is disposed of with direction to Assistant Registrar- respondent no. 2 to provide all relevant documents to respondent no. 3 to decide the Reference No. 4 within two weeks from the date of production of certified copy of the order. Thereafter, Prescribed Authority/ Sub Divisional Officer- respondent no. 3 is also directed to decide the Reference No. 4 within three months after receiving the records from respondent no. 2.

It is made clear that the Court has not adjudicated the matter on merits. It is upon the respondent no. 3 to pass order after considering the facts and relevant law occupying the field.

Order Date :- 25.4.2019 Arvind