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2025 DAILYLAW 135325 (ALL)

SMT. MITHILESH SINGH AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF INSTITUTIONAL FINANCE, LKO. AND OTHERS

WRIC/3776/2025 · 2025-04-22

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22549 Court No. - 8 Case :- WRIT - C No. - 3776 of 2025 Petitioner :- Smt. Mithilesh Singh And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Institutional Finance, Lko. And Others Counsel for Petitioner :- Dharmendra Singh Counsel for Respondent :- C.S.C.,Girish Chandra Verma Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioners. Notice on behalf of respondent nos.1 and 2 has been accepted by the office of Chief Standing counsel. Sri G.C Verma learned counsel has put in appearance on behalf of the private respondent nos.3 and 4 on caveat. By means of the instant petition, the petitioners assail the order dated 04.04.2025 passed by the respondent no.2. At the outset, it may be noticed that by means of the order dated 04.04.2025 the respondent no.2 has decided an issue which was raised by the petitioners regarding their membership. In so far as the petitioner no.2 is concerned, his name already finds mention in the list of the general body member which has been approved by the respondent no.2 and to that extent the petitioner no.2 cannot be treated as an aggrieved party and the petition at his behest cannot be entertained. This position could not be disputed by the counsel for the petitioners, however, he submits that in so far as the petitioner no.1 is concerned, she has been member of the Institution where her signatures were attested. It is also pointed out that petitioner no.1 was inducted as member in the year, 1988. She has been a member of the governing body in terms of the scheme of administration and she was also a general body member. The material was brought on record before respondent no.2 who has not examined the same and has returned an incorrect finding in so far as the petitioner no.1 is concerned. Having taken note of the aforesaid submissions and from a perusal of the material on record, this Court finds that in so far as the objections filed by the petitioner no.1 before the Deputy Registrar is concerned, a copy of which has been brought on record at running page no.151 to 155, it does not indicate as to when the petitioner no.1 was inducted as a member various other issues regarding chronology of events including filing of certain writ petitions and the orders passed therein has been reproduced but there is no clear averment in the objections to indicate as to how when the petitioner no.1 became a member. The Court has also taken note of the order passed by the respondent no.2 and it has specifically noted that the petitioner no.1 did not file any document or material in support of his submissions regarding being a member of the Society. In absence of any particular material and pleadings made before the respondent no.2 the finding recorded by the respondent no.2 cannot be scrutinized here being a question of fact for which the petitioner will have to bring evidence. Be that as it may, since the election program has been declared by the respondent no.2 and the polling is to be held on 25.04.2025, hence, at this stage, this Court is not inclined or interfere in the election process. However, the issue of membership is left open for the petitioners to get the same resolved in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 22.4.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench