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2025 DAILYLAW 127563 (ALL)

KRISHNA KUMAR GUPTA v. DEPUTY REGISTRAR FIRMS SOCIETIES AYODHYA DIVISION AYODHYA AND 2 OTHERS

WRIC/2321/2025 · 2025-03-07

Manish Mathur

body2025

Judgment text

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Court No. - 19 Case :- WRIT - C No. - 2321 of 2025 Petitioner :- Krishna Kumar Gupta Respondent :- Deputy Registrar Firms Societies Ayodhya Division Ayodhya And 2 Others Counsel for Petitioner :- Sabir Ali Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard Mr. Sabir Ali, learned counsel for petitioner and learned State Counsel for opposite parties. 2. Petition has been filed challenging letter dated 25.02.2025 issued by Executive Officer, Nagar Panchayat concerned whereby he has expressed his inability to conduct the elections of Managing Committee of Sri Parvati Sanskrit Vidyalaya Bharatkund, Faizabad (now Ayodhya) scheduled to be held on 10.03.2025. 3. Learned counsel for petitioner submits that an election schedule with regard to said elections has already been issued by Deputy Registrar on 18.02.2025 nominating the opposite party no.3 i.e. Executive Officer, Nagar Panchayat Bharatkund, Bhadarsa, District Ayodhya as the Returning Officer but by means of impugned letter, the said officer has expressed inability to conduct the elections only on the ground that he is not a Gazetted Officer. 4. It is submitted that for the purposes of being a Returning Officer, there is no requirement under law that the person so authorized is required to be a Gazetted Officer. 5. Learned State Counsel had earlier been granted time to seek instructions in this matter but has not been able to produce any document or law requiring the Returning Officer to be a Gazetted Officer only. 6. Considering the aspects that election schedule has already been issued by Deputy Director on 18.02.2025, it is imperative that the same should be adhered to. 7. In view thereof, the opposite party no. 1 i.e. Deputy Registrar, Firms, Societies and Chits, Ayodhya Division Ayodhya is directed to hold elections of the Committee of Management of society concerned as per the election schedule dated 18.02.2025 either by himself, the opposite party no. 3 or by any other officer concerned deputing the same well before 10.03.2025 so as to ensure smooth elections to the Committee of Management as per election schedule dated 18.02.2025. 8. With aforesaid directions, petition stands disposed of. Order Date :- 7.3.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench