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2025 DAILYLAW 160180 (ALL)

KULVIR KRISHAN KAPOOR AND 5 OTHERS v. COOPERATIVE TRIBUNAL U.P. LKO. THRU. ITS CHAIRMAN AND 10 OTHERS

A227/5005/2025 · 2025-08-25

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49661 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 5005 of 2025 Petitioner :- Kulvir Krishan Kapoor And 5 Others Respondent :- Cooperative Tribunal U.P. Lko. Thru. Its Chairman And 10 Others Counsel for Petitioner :- Nirankar Singh,Pawan Gupta,Ramesh Chandra Mishra Counsel for Respondent :- C.S.C.,Gaurav Mehrotra,Rakesh Kumar Chaudhary Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioners, learned A.C.S.C. for opposite party nos. 1, 5, 8 and 9, Shri Rakesh Kumar Chaudhary, learned counsel appearing for opposite party no.10 as well as Shri Lakshyadeep Srivastava, learned counsel, who has filed his 'vakalatnama' today on behalf of the opposite party no.11, which is taken on record and perused the material brought on record. 2. The present petition has been filed by the petitioners with the following prayer: "I. Issue a writ order or direction of appropriate nature directing the opposite party no. 1 to decide the stay application of the petitioners in the pending Appeal no. 65 of 2025, pending before the Learned Cooperative Tribunal, UP, IndiraBhawan Lucknow, within the time frame stipulated by this Hon'ble Court, in the interest of justice; II. Issue writ, order or direction of the appropriate nature allowing the petitioners to function as members of the committee of management of Sahkari Grih Nirman Kendriya Karmchari Samiti Limited Chalera Gautambudhnagar having its office at Shri Ram Palace (Second Floor), Bhoja market, Atta Sector 27, Noida, District- Gautambudhnagar, UP pursuant to their election on 25.10.23 and 26.10.23, till disposal of the stay application, in the pending Appeal no. 65 of 2025, pending before the Learned Cooperative Tribunal, UP, IndiraBhawan, Lucknow, in the interest of justice." 3. The main contention of learned counsel for the petitioners is that despite, the issue having been presided, a review was filed with regard to the recall of an order, which was allowed after about 03 years. He argues that against the order allowing the review, an appeal has been preferred, however, as the interim application is not being decided, the petitioners, who are the elected members, are unable to perform their respective duties. It is further argued that non-passing of an order on the stay application, as resulted in almost nullifying the elections. 4. In view of the said arguments, the present petition is disposed of directing the opposite party no.1 to decide the stay application filed by the petitioners in pending Appeal No. 65 of 2025 within a period of six weeks from the date of production of a certified copy of this order, in accordance with law. 5. Till the decision of an interim application, the petitioners would be permitted to perform their duties in pursuance to the elections held on 25.10.2023 and 26.10.2023. The appeal itself shall also be decided within a period of three months, in accordance with law. 6. Petition stands disposed of with the aforesaid observations. Order Date :- 25.8.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench