Damodar Das Upadhayay v. State of U. P. Through Its Secretary, Co-Operative Societies, Lucknow and Others
2013-03-07
SATYA POOT MEHROTRA, VIRENDRA VIKRAM SINGH
body2013
DigiLaw.ai
Virendra Vikram Singh, JJ.— The present writ petition has been filed under Article 226 of the Constitution of India, inter alia, praying that the respondents be directed to examine the voter list/member list of the Vertalok Sahkari Avas Samit (Co-operative Society in question) and then proceed further in the election process. 2. From a perusal of the averments made in the writ petition, it is evident that the election process has already started, and the elections in respect of the co-operative society in question are scheduled to take place on 9.3.2013. 3. Civil Misc. Impleadment Application No......of 2013 has been filed on behalf of one Rajiv Kumar, claiming himself to be a candidate in the election of the Co-operative Society in question. It is, inter alia, prayed that Rajiv Kumar (applicant) be impleaded as party-respondent No. 5 in the writ petition. 4. Registry is directed to give appropriate number to the aforementioned impleadment application. 5. Having regard to the averments made in the aforementioned impleadment application and its accompanying affidavit and having considered the submissions made by Shri Anurag Pathak, learned Counsel of the petitioner and Shri R.K. Mishra learned Counsel for the applicant-Rajiv Kumar in the aforementioned impleadment application, we are of the view that the aforementioned impleadment application deserves to be allowed. 6. The aforementioned impleadment application is accordingly allowed. 7. Let the aforesaid Rajiv Kumar be impleaded as party-respondent No. 5 in the writ petition as well as in the stay application. 8. Necessary impleadment will be done during the course of the day. 9. It is, inter alia, averred in paragraph 18 of he affidavit accompanying the aforementioned impleadment application that the petitioner has field a suit, inter alia praying for a decree of permanent injunction restraining the defendants in the said suit from holding the election on the basis of the voter list dated 28.12.2012. 10. Copy of the plaint of said suit, registered as Suit No. 81 of 2013, has been filed as Annexure-13 to the affidavit accompanying the aforementioned impleadment application. 11. When the aforesaid facts were brought to the notice of Shri Anurag Pathak, learned Counsel for the petitioner, he has obtained instructions from the petitioner, and has stated that the averments made in paragraph 18 of the affidavit accompanying the aforementioned impleadment application regarding filing of the suit by the petitioner are correct. 12.
11. When the aforesaid facts were brought to the notice of Shri Anurag Pathak, learned Counsel for the petitioner, he has obtained instructions from the petitioner, and has stated that the averments made in paragraph 18 of the affidavit accompanying the aforementioned impleadment application regarding filing of the suit by the petitioner are correct. 12. It is thus, evident that the petitioner has filed a suit being Suit No. 811 of 2013 in regard to the alleged grievances raised by the petitioner in the present writ petition. The said suit was filed on 4.1.2013 while the present writ petition was field on 29.1.2013. The facts regarding filing of the said suit were not disclosed in the present writ petition. 13. In view of the fact that the petitioner has already filed the aforesaid suit in regard to his alleged grievances as raised in the present writ petition and also in view of the fact that the election process for elections of the cot operative society in question has already started, we are not inclined till exercise our writ jurisdiction under Article 226 of the Constitution of India. 14. The writ petition is liable to be dismissed and the same is accordingly dismissed. Petition Dismissed _____________