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2025 DAILYLAW 133131 (ALL)

SULTAN SHAKIR HASHMI v. SOCIETY ANJUMAN ISLAHUL MUSLIMEEN, LKO. THRU. DEFUNCT SECY., SYED MOHAMMAD ATHAR NABI AND OTHERS

WRIC/3395/2025 · 2025-04-28

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23972 Reserved Court No. - 8 Case :- WRIT - C No. - 3395 of 2025 Petitioner :- Sultan Shakir Hashmi Respondent :- Society Anjuman Islahul Muslimeen, Lko. Thru. Defunct Secy., Syed Mohammad Athar Nabi And Others Counsel for Petitioner :- Kaustubh Singh Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. In the instant petition, the petitioner who is a member of the Society prays for the following reliefs:- “(i) issue a writ, order or direction in the nature of Certiorari quashing the agenda and notice dated 03.04.2025 (contained as Annexure No.3 to this writ petition) for calling the meeting of the Executive Body on 08.04.2025. (ii) issue a writ, order or direction in the nature of mandamus directing the Deputy Registrar-opposite party no.3 to take immediate and effective steps for conducting the free and fair election of the Society with a time bound manner preferably by secret ballot. (iii) issue a writ of prohibition or any other appropriate order or direction restraining the respondent nos.1 and 2 (defunct Executive body) from convening any meetings for declaring the election of the society or for any purpose whatsoever as they have been defunct and having no legal authority for doing so.” This Court had required the counsel for the petitioner to explain the locus standi of the petitioner to maintain the petition. Submission of learned counsel for the petitioner is that in a writ petition the issue of locus standi has been diluted and since the petitioner is a bona fide member of the Society it has a right to assail the order passed by the Deputy Registrar. Having considered the aforesaid submissions, this Court finds that the order impugned dated 03.04.2025 could either be assailed by the Society or by a person who was affected by the said order i.e. such member whose membership did not find favour with the Deputy Registrar. As far as the present petitioner is concerned, he is not aggrieved person as his membership is not under cloud. Admittedly, as per the bye laws of the Society Clause 10.4, it is the Secretary who is authorized to represent the Society in a proceedings on behalf or against the Society. The petitioner in his personal right as a member does not have a right to file this petition specially when he is not an aggrieved person. It is also not disputed that the Society has not permitted the present petitioner through a valid Resolution to raise any grievance on behalf of the Society. Admittedly, the petitioner who is seeking that the elections be held in his personal capacity does not have a right to maintain the petition for the relief as claimed, hence, this Court finds that the petitioner Sultan Shakir Hashmi does not have a locus to maintain the petition for the reliefs claimed. Accordingly, Writ C no.3395 of 2025 is dismissed on this ground alone. Order Date :- 28.4.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench