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Allahabad High Court · body

2013 DIGILAW 576 (ALL)

Rajesh Prakash Awasthi v. State of U. P. and Others

2013-02-19

RITU RAJ AWASTHI

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Ritu Raj Awasthi, J.— Affidavit of service filed today in Court is taken on record. Mr. R.C. Pathak, Advocate has put in appearance on behalf of opposite party nos. 3 & 4 and files vakalatnama, the same is also taken on record. Since common question of facts and law are involved in both the writ petitions as such, with the consent of parties' counsel, they have been heard together finally and are being disposed of by a common order. Heard Mr. Sandeep Dixit, learned counsel for petitioners as well as learned Standing Counsel for the State and Mr. R.C. Pathak, learned counsel for opposite party nos. 3 & 4. Both the writ petitions have been filed challenging the order dated 08.02.2013 whereby opposite party no. 2/Deputy Registrar, Firms Societies and Chits, Lucknow Region, Lucknow has directed to hold election for the Society, namely, Adarsh Junior High School, Ahimamau, Lucknow after finalizing a list of 21 members. Learned counsel for petitioners submits that the Deputy Registrar, Firms Societies and Chits, Lucknow Region, Lucknow vide order dated 31.12.2012 had mentioned the names of 67 members of general body as per record and had notified the election schedule. The order was challenged in Writ Petition No. 229 (MS) of 2013 wherein the Court while disposing of the writ petition had provided liberty to file objections which shall be decided before holding elections. It was thereafter that the objections were filed by the parties concerned. The Deputy Registrar vide impugned order dated 08.02.2013 without considering the relevant records and without finalizing the valid voter list consisting of members of general body has issued a list of 21 members and has directed to hold election on the basis of the voter list of 21 members only. Submission is that the opposite party no. 2 had adopted a novel method to short out 20 common names which were mentioned in the order dated 31.12.2012 and the list of 104 members submitted by opposite party nos. 3 & 4 and has added one Sri Rameshwar Prasad Tiwari, being the founder member of the Society to decide the voter list and they have been allowed to vote in the election of the Society. The authority concerned did not make any effort to finalize the valid voter list on the basis of records before notifying the election. Mr. R.C. Pathak, learned counsel for opposite party nos. The authority concerned did not make any effort to finalize the valid voter list on the basis of records before notifying the election. Mr. R.C. Pathak, learned counsel for opposite party nos. 3 & 4, on the other hand, submitted that his clients had submitted a list of 104 members who are members of the general body of the Society and are also members of Adarsh Junior High School, Ahimamau, Lucknow. These 104 members includes 20 common names which are mentioned in the order dated 31.12.2012 of the Deputy Registrar. The relevant records were not produced before the authority concerned as such the Deputy Registrar had finalized the voter list consisting of 21 members only. Learned Standing Counsel while defending the order submitted that since the rival parties had failed to produce the relevant records to establish the validity of their voter list as such the Deputy Registrar had no option but to finalize the voter list on the basis of common names which were mentioned in both the lists as well as in the order dated 31.12.2012 of the Deputy Registrar. I have considered the submissions made by the parties' counsel. I am of the considered opinion that it is the bounded duty of opposite party no. 2 to first finalize the valid voter list on the basis of relevant record before notifying the election of Society. The valid voter list shall consist of members of the general body. The opposite party no. 2 shall first go through the relevant records and finalize the valid voter list and thereafter any election of the Society shall be held. In this view of the matter, the writ petitions are liable to be allowed. The writ petitions as such are allowed. A writ of certiorari is hereby issued quashing the impugned order dated 08.02.2013 and the election programme, if any, issued in pursuance of the said order or any other consequential order. A direction is issued to opposite party no. 2 to finalize the voter list after going through the relevant records and publish the same as per the procedure prescribed under law, expeditiously, say within a period of one month from the date of receipt of certified copy of this order. The election of the Society shall be held thereafter. A direction is issued to opposite party no. 2 to finalize the voter list after going through the relevant records and publish the same as per the procedure prescribed under law, expeditiously, say within a period of one month from the date of receipt of certified copy of this order. The election of the Society shall be held thereafter. The concerning authority shall ensure that the proper and fair election of Society is held and for that purpose, in case it is required he would be at liberty to appoint Administrator of the Society in question. _____________