Neutral Citation No. - 2025:AHC-LKO:28812 Court No. - 8 Case :- WRIT - C No. - 4598 of 2025 Petitioner :- Mohd. Shujauddin Waris Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Finance, Lko. And Others Counsel for Petitioner :- Syed Aftab Ahmad,Harshita Mohan Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard Shri Sudeep Seth, learned Senior Counsel along with Shri Syed Aftab Ahmad, learned counsel for the petitioner. Notice on behalf of the respondents No.1 and 2 has been accepted by the office of the Chief Standing Counsel. Shri Dhruv Mathur, Ms. Aishwarya Mathur and Shri Rahul Kumar, learned counsel have filed their Vakalatnama, on behalf of the respondent No.3, the same is taken on record. By means of the instant petition, the petitioner prays for the following reliefs:- "(A) To issue a writ, order or direction in the nature of certiorari to quash the notification dated 09.05.2025 for holding of elections of Dewa Fair and Exhibition Association, Dewa, District Barabanki as contained in Annexure No.1. (B) To issue, a writ order or direction in the nature of Mandamus commanding the opposite parties to issue a fresh notification or to modify the existing notification incorporating the condition that family members of sitting members of the Association be debarred from participating as candidates in terms of Association's Resolution dated 27.02.2025." Shri Dhruv Mathur, learned counsel for the respondent No.3 has raised a preliminary objection regarding maintainability of the petition on two count:- (i) the petitioner is assailing the order by which the notification for holding the elections have been issued in his personal capacity whereas there is nothing indicated in the petition as to how the petitioner is prejudiced. (ii) It is further urged that the respondent No.3 is a Society which does not partake the nature of being as State under Article 12 of the Constitution of India, consequently, on both these counts, the instant petition is not maintainable. Shri Sudeep Seth, learned Senior Counsel appearing on behalf of the petitioner while refuting the aforesaid objections has pointed out that the respondent No.3 is governed by the Rules, a copy of which has been brought on record as Annexure No.3. It has been pointed out that the said respondent No.3 Association is managed by a 12 elected non-official members with the Deputy Commissioner of Barabanki as its Ex-Officio President. It has further been urged that in case, if the vacancy occurs amongst the member, it has to be filled up by vote of 2/3rd members present. In case of any election for non-official members as per the aforesaid Rules, the candidature of such members for election must be proposed and seconded by the existing elected members. It is urged that this Rule 4(a) is such that it runs contrary to the democratic principle inasmuch as unless and until any person, who seeks the proposal and is seconded by the existed members, he cannot enter into the Association. This issue was also raised by the petitioner and the same was taken note of by the Association in its meeting held on 27.07.2022, a copy of the said minutes of meeting have been brought on record as Annexure No.6 and in terms thereof, it is sought to be urged that the said issue, on principle, was accepted by the Association, however to take this issue forward, a Committee comprising of four members was constituted, who was to look into the matter, however, it is urged that no further meetings were took place nor the said resolution was taken to its logical conclusion. Now, a notification for holding fresh election was issued on 09.05.2025 and the nominations are to commence from today i.e. 16.05.2025. It is urged that unless and until suitable direction regarding the issue flagged in the meeting dated 27.07.2022 is taken care of, any further election held will again fall foul of the democratic principles and as such the petition deserves may be entertained. Shri Dhruv Mathur, learned counsel for the respondent No.3 has clarified that so far as the meeting dated 27.07.2022 is concerned, the same is not accepted rather the said resolution was not confirmed by the existing members, hence, it has not taken been approved. Having considered the aforesaid submissions, at this stage, this Court finds that insofar as the entire submission of Shri Sudeep Seth, learned Senior Counsel is concerned, revolves around the validity of Rule 4(a). Insofar as the resolution dated 27.07.2022 is concerned that has not been taken forwarded nor any conclusion has been arrived at and the Rule 4(a) stands the way it is, till now. In view of the aforesaid as well as noticing the fact that Rule 4(a) is not under challenge and there is nothing on record nor any averment has been made which indicates that the petitioner has been prevented in participating in the election, hence, this Court finds that, at this stage, the apprehension of the petitioner is misplaced. Accordingly, this Court is not inclined to entertain the petition, which is dismissed leaving it open for the petitioner to take such course as may be permissible to him in law and participate in the election proposed, if he so desires. With the aforesaid, the petition is dismissed. Order Date :- 16.5.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench