Allahabad High Court
Chhavilal Prajapati vs State Of U.P. Thru. Addl. Chief Secy. ... on 18 July, 2023
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:46729 Court No. - 4 Case :- WRIT - C No. - 5940 of 2023 Petitioner :- Chhavilal Prajapati Respondent :- State Of U.P. Thru. Addl. Chief Secy. Institutional Finance, Lucknow And 3 Others Counsel for Petitioner :- Arvind Pratap Singh Counsel for Respondent :- C.S.C.,Ajay Pratap Singh,Puttan Singh Hon'ble Rajesh Singh Chauhan,J.
1. Heard Shri Arvind Pratap Singh, learned counsel for the petitioner, Shri Satyendra Kumar Mishra, learned Additional Chief Standing Counsel for the State-respondents and Shri Ajay Pratap Singh, learned counsel for opposite party no.4.
2. By means of this petition, the petitioner has prayed the following reliefs:-
"i. Issue a writ, order or direction in the nature of CERTIORARY for quashing the impugned order dated 30.06.2023 passed by opposite party no.2 whereby directed to hold the election of the Committee of Management namely Sadhna Gram Vikas Samiti, Village - Chitawan, Post-Barehta, Paragana - Paschim Rath, Tehsil - Bikapur, District - Faizabad / Ayodhya on 19.07.2023 in pursuance of the impugned order dated 30.06.2023 on the basis of the forged and fabricated list of the members contained as Annexure No. 1 to this writ petition.
ii. Issue a writ order or direction in the nature of MANDAMUS commanding and directing to opposite party no.2 to not hold the election of the Committee of Management namely Sadhna Gram Vikas Samiti, Village Chitawan. Post Barehta, Paragana-Paschim Rath, Tehsil - Bikapur, District - Faizabad / Ayodhya on 19.07.2023 in pursuance of the impugned order dated 30.06.2023 because the list of the members which was finalized by opposite party no.2 is invalid.
iii. Issue a writ order or direction in the nature of MANDAMUS commanding and directing to opposite party no.2 to hold the election of the Committee of Management namely Sadhna Gram Vikas Samiti, Village Chitawan, Post Barehta, Paragana - Paschim Rath, Tehsil - Bikapur, District - Faizabad / Ayodhya after removing the defects in the list of the members which was issued on 30.06.2023, in the interest of justice."
3. Shri Ajay Pratap Singh, learned counsel for the petitioner has raised an objection regarding maintainability of the writ petition by submitting that in view of the settled proposition of law, when an election process started including the party, the preparation of electoral roll ordinarily the High Court should not invoke its extraordinary jurisdiction entertaining such writ petition under Article 226 of the Constitution of India.
4. He has further submitted that admittedly, the election process has already started and the date of election is 19.07.2023. He has placed reliance of the decision of this Court in re; MANU/UP/2007/2006 "Fahim Ahmad Vs. State of U.P. and Ors." wherein this Court has considered the judgment of Apex Court held that such writ petition may not be maintainable.
5. On that, learned counsel for the petitioner has stated that this writ petition may be dismissed being not pressed at this stage and the liberty may be given to the petitioner to file an appropriate writ petition after finalization of the election process.
6. Accordingly, the writ petition is dismissed being not pressed. It is needless to say that the aggrieved person may approach the competent authority/ court of law if he or she is aggrieved.
Order Date :- 18.7.2023 Mohd. Sharif