AKIB HASMI Vs. STATE OF U P THROUGH PRINCIPAL SECRETARY CO-OPERAT
LAWS(ALL)-2018-3-412
HIGH COURT OF ALLAHABAD
Decided on March 30,2018

Akib Hasmi Appellant
VERSUS
State Of U P Through Principal Secretary Co-Operat Respondents

JUDGEMENT

Abdul Moin, J. - (1.) Heard Sri Dwijendra Mishra, learned counsel for the petitioner, Sri Shailendra Singh Chauhan, learned Additional Chief Standing counsel for the State-respondents and Sri Gaurav Mehrotra, learned counsel for the respondent-Election Commission.
(2.) By means of the present petition, the petitioner has prayed for the following reliefs:- " To Issue a writ in the nature of Certiorari to quash the impugned order dated 05.03.2018 passed by the Election Commissioner Co-operative contained as Annexure no. 1 to this writ petition. To issue a writ, order or direction in the nature of mandamus commanding of the opposite parties to hold the election of the Committee of Management of Sitapur Kray Vikray Sahkari Samiti Ltd, from the stage from where it has been disrupted I.e from the stage of voting,as earlies as possible. Such other writ, order or direction which this Hon'ble Court deems fit and proper in the circumstances of the case. To award the cost of the petition in favour of the petitioner."
(3.) The case set forth by the petitioner is that he is a member of Sitapur Kray Vikray Sahkari Samiti Ltd, district- Sitapur (hereinafter referred to as " Samiti") and has contested on the post of Director from private member constituency. The Samiti is a Central Co-operative society registered under Section 7 of the U.P.Co-operative Societies Act, 1965 (hereinafter referred to as " Act, 1965") and the term of the elected Committee of Management is five years and the term of members of the Committee of Management is co-terminus with the term of such Committee. The election of the outgoing Committee of Management was held in the year 2013 and the election for constituting new Committee of Management was announced vide notification dated 03.02.2018. The Assistant Commissioner, Assistant Registrar, District Co-operative Election Officer vide order dated 15.02.2018 finally determined the limitation of constituencies.;


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