MOHAMAD YAMIN ALI Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2012-1-42
HIGH COURT OF UTTARAKHAND
Decided on January 06,2012

Mohamad Yamin Ali Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

Sudhanshu Dhulia, J. - (1.) HEARD Mr. M.C. Pant, Advocate for the petitioner and Mr. Subhash Upadhyay, Brief Holder for the State of Uttarakhand.
(2.) THE petitioner had earlier approached this Court challenging the election of a society by means of a writ petition being Writ Petition No. 2206 (MS) of 2010. The said writ petition was disposed of by a learned Single Judge of this Court on 28.12.2010 dismissing the writ petition on the ground of alternative remedy, as the petitioner has an equal and efficacious remedy to approach before the Registrar, Firms, Societies and Chits, Uttarakhand, Dehradun under Section 25 of the Registration of Societies Act. The case of the petitioner is that presently he has filed an application challenging the election of the society before the concerned Registrar/Prescribed Authority under the Societies Registration Act. All the same, the matter has been delayed for no plausible reason by the prescribed authority. Counsel for the petitioner Mr. M.C. Pant while arguing the matter has confined his prayer for the relief that appropriate directions be passed directing the Prescribed Authority to dispose of the pending application of the petitioner as expeditiously as possible.
(3.) THIS Court feels that no harm will be caused to any of the parties if such an order is passed. Writ petition is therefore, disposed of with a direction to the Prescribed Authority/Registrar, Firms, Societies and Chits, Uttarakhand, Dehradun to dispose of the pending application, as expeditiously as possible but definitely within a period of three months from the date a certified copy of this order is produced before him, considering the fact that the learned Brief Holder Mr. Subhash Upadhyay has brought to the notice of this Court that the assembly elections have been notified and are to take place on 30.1.2012 and the Sub Divisional Magistrate in all likelihood will be busy in the election duties during this period. It is further directed that all officials concerned with the present matter shall cooperate with the proceedings.;


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