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Sarda Mahesh Prasad Singh And Others vs State Of U.P. And Others on 13 March, 2014

A preliminary objection regarding maintainability of writ petition has been raised by Mr. Gaurav Mehrotra, learned counsel for opposite parties no.3, 5 and 6 on the ground that the grievance of the petitioner with respect to the delimitation was raised by him before the authority concerned which was rejected vide order dated 22.8.2019. The said order has been communicated but the same has not been challenged till date. It is also submitted that in view of law laid down by this Court in the case of Mahesh Singh Vs. State of U.P. and others; [2013 (9) ADJ 695 (DB)] as well as Apex Court judgment in the case of Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha and another Vs. State of Maharashtra and others; (2001) 8 SCC 509 the writ petition would not be maintainable after issuance of notification for election. It is also submitted that the petitioner has not disclosed as to how he is aggrieved and what prejudice is being caused to him in case the bye-election is held to fill up the existing vacancies in the society.
Allahabad High Court Cites 22 - Cited by 13 - Full Document

Pratap Singh Gariya vs State Of ... on 1 November, 2019

Sri Gaurav Mehrotra, learned counsel for opposite parties no. 3 and 4 has raised a preliminary objection to the effect that in the present case election process has already been started so in view of the laid down by Hon'ble the Apex Court in the case of Sri Sant Sadguru Janardan Swami ( Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha and another Vs. State of Maharashtra and others (2001) 8 SCC 509 as well as the order dated 1.11.2019 passed by a Division Bench of this Court in Writ Petition No.30103 (MB) of 2019 ( Pratap Singh Gariya Vs. State of U.P. and others), which on reproduction reads as under, the writ petition is liable to be dismissed.
Allahabad High Court Cites 2 - Cited by 3 - R R Awasthi - Full Document
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