2025:UHC:11103 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PMS/ 3 4 6 4 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. Yogesh Pant, learned counsel for the petitioners. 2. Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand. 3. According to petitioner, certain persons, who are not eligible for becoming member of Udhyog Vyapaar Mandal Samiti Khatima, have been included in the list of members and they would be exercising their voting right in the forthcoming elections. Thus, feeling aggrieved, petitioner has made a representation and petitioner has sought a direction to the Competent Authority to take decision thereupon. 4. Learned State Counsel, however, submits that as per Clause 35(7) of the bylaws of the Society, which is on record at Page No. 34 to the writ petition, such traders, who are running business from a permanent shop alone, can be inducted as member and those running business from pavements and from open, are ineligible. He submits that reliance, placed by petitioner upon order passed by Division Bench of this Court WPPIL No. 56 of 2012, is misplaced, as it nowhere indicates that the persons, impleaded as party in that WPPIL, are encroachers. Learned State Counsel further submits that the question whether a trader is running business from open or from a permanent shop has to be seen at the time of his/ her 2025:UHC:11103 induction as member and issue now being raised by petitioner, cannot be examined by Deputy Registrar/ Registrar. 5. Be that as it may, since petitioner has already approached the Registrar, Firms, Societies & Chits, by making a representation on 04.12.2025, therefore, the writ petition is disposed of with a direction to Registrar to take decision on the representation, as per law, within nine months from the date of production of certified copy of this order. It goes without saying that all the persons likely to be affected, by the decision to be taken, shall also be heard. ( Man oj Ku m ar Tiw ar i, J) 12.12.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d13695 12ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1 FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.12.12 03:51:34 -08'00'