SHAILENDRA GUPTA Vs. STATE OF U P AND ORS
LAWS(ALL)-2013-9-369
HIGH COURT OF ALLAHABAD
Decided on September 30,2013

Shailendra Gupta Appellant
VERSUS
State Of U P And Ors Respondents

JUDGEMENT

- (1.) This petition seeks the quashing of the order dated 27th July, 2013 passed by the Deputy Registrar, Firms, Societies and Chits, Kanpur Region, Kanpur by which he determined the list of office bearers of the General Body of the Society pursuant to the directions issued by the Court on 5th March, 2013 in Writ Petition No.12037 of 2013 connected with two other writ petitions. The petitioner has also sought the quashing of the order by which the signatures of Ashok Yadav as the Manager of the Committee of Management elected on 10th September, 2013 have been attested on 19th September, 2013 (wrongly mentioned as 11th September, 2013). The operative part of the order dated 5th March, 2013 is as follows:- "....................... This exercise shall be completed within six weeks. List of members of general body so determined shall be forwarded to the District Inspector of Schools for holding elections of the Committee of Management. This exercise of holding of elections of office bearers of the society by the Assistant Registrar and that of the Committee of Management by the District Inspector of Schools shall be completed within four weeks. If any person feels aggrieved by the determination of the electoral college and the elections to be so held will have a right to challenge the same after the elections are over before appropriate forum. All these three writ petitions are allowed subject to the directions above." It transpires from the records of the writ petition that the petitioner had earlier filed Writ Petition No.44929 of 2013 which was dismissed on 30th August, 2013 with the following observations:- "In such circumstances, it will not be appropriate for the Court to interfere with the determination of the electoral college at this stage and the petitioner should pursue the remedy indicated in the aforesaid order for challenging the electoral college after the elections are held. The writ petition is, accordingly, dismissed."
(2.) The petitioner should, therefore, approach the appropriate Forum, which is the Regional Level Committee, against the determination of the electoral college as well as the attestation of the signatures by the District Inspector of Schools in terms of the earlier judgments referred to above.
(3.) The Court, therefore, declines to entertain this petition. It is, accordingly, dismissed. In case, a representation is filed before the Regional Level Committee, it shall be decided in accordance with law expeditiously after hearing the parties concerned.;


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