HEM NARAIN PATHAK AND 9 OTHERS v. STATE OF U.P. THRU. SECY. INSTITUTIONAL FINANCE LKO. AND 5 OTHERS
WRIC/7783/2024 · 2025-02-04
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158147 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158147 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:7074 Court No. - 19 Case :- WRIT - C No. - 7783 of 2024 Petitioner :- Hem Narain Pathak And 9 Others Respondent :- State Of U.P. Thru. Secy. Institutional Finance Lko. And 5 Others Counsel for Petitioner :- Avinash Chaturvedi,Abhishek Dwivedi,Mahendra Pratap Singh,Neetu Singh Counsel for Respondent :- C.S.C.,Manish Jauhari Hon'ble Manish Mathur,J. Heard Mr. Mahendra Pratap Singh, learned counsel for petitioners, learned State counsel for opposite parties No. 1 to 3 and Mr. Manish Jauhari, learned counsel for opposite parties No. 4 to 6. Petition has been filed challenging orders dated 05.06.2024, 22.06.2024, 10.07.2024 and 22.08.2024 as well as notifications dated 30.05.2024, 06.06.2024 and 26.08.2024 pertains to election notification for the governing body of the Sunrise Golf View Resident Welfare Association. Further prayer for a direction to be issued to the Deputy Registrar to conduct elections of the aforesaid association in terms of Section 25 of the Societies Registration Act, 1860 has also been sought using secret ballot voting system as per the bylaws of society. It is admitted between the parties that during pendency of this petition, elections to the governing body of the society have already been conducted between 6 to 8 September, 2024 with details thereof filed with the Deputy Registrar in terms of Section 4(1) of the Act, which still pending consideration. In view thereof, the amendment sought to the petition raising challenge to the said elections, does not require to be adjudicated upon at this stage, since it is for the competent authority to first take a decision in terms of Section 4 of the Act. In view of aforesaid facts and circumstances, the opposite party No.3- Deputy Registrar, Firms Society and Chits, Lucknow is
directed to take a decision with regard to the list of governing body of the society concerned pertaining to the elections held between 06 to 08 September, 2024, expeditiously, after affording opportunity of hearing to all concerned. The aspect of issuance of any appropriate orders in terms of
Section 25 of the Act, would arise only after decision made by the authority concerned under Section 4 of the Act, and if required. With the aforesaid directions, petition stands disposed of.
Order Date :- 4.2.2025 Reena/- (Manish Mathur,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench