Allahabad High Court
Brijpal Singh And Others vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 8 February, 2023
Bench: Sangeeta Chandra, Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 2 Case :- WRIT - C No. - 1029 of 2023 Petitioner :- Brijpal Singh And Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Cooperative Civil Secrt. Lko. And Others Counsel for Petitioner :- Nirankar Singh Counsel for Respondent :- C.S.C.,Gaurav Mehrotra, Rakesh Kumar Chaudhary Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Manish Kumar,J.
(1) Heard the learned counsel for the petitioners and Shri Rakesh Kumar Chaudhary, who appears for the Respondent no.2-Housing Commissioner-Cum- Registrar Housing Societies and Shri Gaurav Mehrotra, who appears on behalf of the Respondent no.3-U.P. State Cooperative Societies election Commission.
(2) This petition has been filed by the petitioners for the following main prayers:-
"(i) Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.2 to conduct the enquiry of the electoral roll/ voter list of Bank Sahyog Sahkari Awas Samiti Limited Ghaziabad, within the time frame as stipulated by this Hon'ble Court, so as to ensure that the elections of the Society are held as per the election Notification dated 31.01.2023, in the interest of justice.
(ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to appoint any administrator / interim management Committee and allow the present elected committee of management of Bank Sahyog Sahkari Awas Samiti Limited, Ghaziabad, to continue as interim committee of management, with no power to take any policy decisions, till the elections of the committee of management are held by the U.P. State Cooperative Societies Election Commission, in the interest of justice."
(3) It is agreed between the parties that similar writ petitions have been disposed of by this Court by earlier orders. A copy of the said order has been filed separately at Page no.56 of the paper book in Writ-C No.729 of 2023 [Vidyut Transmission Karamchari Vetanbhogi Rin Sahkari Samiti Ltd. Vs. State of U.P. and others]. The relevant extract of the order passed by this Court on 30.01.2023 is being quoted hereinebelow:-
"1. Heard learned counsel for the petitioner and Sri Gaurav Mehrotra, learned counsel who appears on behalf of the Respondents No. 1 to 3.
2. This petition has been filed with the following main prayer:-
"i. Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.2 to conduct the enquiry of the electoral roll/ voter list of Bank Sahyog Sahkari Awas Samiti Limited Ghaziabad, within the time frame as stipulated by this Hon'ble Court, so as to ensure that the elections of the Society are held as per the election Notification dated 31.01.2023, in the interest of justice."
3. It is agreed between the parties that similar writ petitions have been disposed of by Coordinate Bench of this Court in Writ-C No.7572 of 2022: Rachna Vajpayee and others Vs. State of U.P. through Principal Secretary Department of Cooperative Civil Secretariat Lucknow and others and in Writ-C No.7309 of 2022:Dhirendra Pratap Singh and others Vs. State of U.P. through Principal Secretary, Department of Cooperative Civil Secretariat Lucknow and others; decided on 18.10.2022.
4.This petition is also finally disposed of with a direction to the Respondent no.4- U.P. State Cooperative Societies Election Commission, to take appropriate measures for holding of Elections of the petitioners' Society at the earliest and in the meantime, if any Interim Committee has not been constituted, the same shall not be constituted and the present Committee of Management shall continue to manage the affairs of the Bank Sahyog Shakari Awas Samiti, Limited, Ghaziabad, till Elections are held. However, the current Committee of Management although may be allowed to continue till the Elections are held, it shall not take any Policy decision or any financial decision, nor shall it induct any new member."
(4) Shri Gaurav Mehrotra, has stated that although the Respondent no.3 has written a letter to the Housing Commissioner on 31.01.2023 to conduct an Enquiry and to give a report but no such report has been made available till date, as soon as the report shall be made available the appropriate orders shall be passed with regard to holding of elections of the petitioners-Society.
(5) This petition is finally disposed of in terms of the instructions received by Shir Gaurav Mehrotra that the Enquiry is still going on in the case of the petitioners, as soon as the Enquiry Report is made available by the Housing Commissioner to the Cooperative Society Election Commission the appropriate orders shall be passed with regard to holding of elections of the petitioners Society. If any Interim Committee has not been constituted as of today, the same shall not be constituted and the present Committee of Management shall continue to manage the affairs of the Society till elections are held. However, the current Committee of Management although may be allowed to continue till the elections are held, it shall not take any Policy decision or any financial decision, nor shall it induct any new member.
Order Date :- 8.2.2023 N.PAL