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2025 DAILYLAW 40336 (ALL)

AMIT KUMAR NEHRA v. STATE OF U.P. AND 7 OTHERS

WRIC/10990/2025 · 2025-04-14

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:54614 Court No. - 33 Case :- WRIT - C No. - 10990 of 2025 Petitioner :- Amit Kumar Nehra Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Vijay Praksah Counsel for Respondent :- Ashok Kumar Tiwari,C.S.C.,Kumar Dhananjay Hon'ble Prakash Padia,J. 1. Heard Shri Vijay Prakash, learned counsel for the petitioner. Learned Standing Counsel has accepted notice on behalf of respondents no.1 to 3, Sri Kumar Dhananjay, Advocate, has accepted notice on behalf of respondent no.4 and Sri Ashok Kumar Tiwari, Advocate, has accepted notice on behalf of respondent no.8. 2. The petitioner has preferred present writ petition inter-alia with the prayer to quash the order dated 28.03.2025 passed by respondent no.2 in Appeal No.620 of 2025 (Computriezed No.202511000000620) "Amit Kumar Nehra Vs Harendra Kumar Gautam and others and order dated 04.03.2025 passed by S.D.M.Ghaziabad/respondent no.3 in Case No.13181 /2024 (Computriezed No. T 202411280113181) "Harendra Kumar Gautam Vs Ramautar Gupta and 4 others". 3. It is argued by counsel for the petitioner that aforesaid orders passed by the respondent nos.2 & 3 are per-se illegal and liable to be set aside. It is further argued that orders were passed in violation of Clause- C contained under Section 1(C) of Section 25 of the Societies Registration Act and respondents no.2 & 3 passed the impugned orders ignoring the relevant procedure of law. It is stated in paragraph 43 of the writ petition that the new election programme has already been published. It is stated in paragraph-42 of the writ petition that opposite party no.5 vide letter dated 02.4.2025 declared program of election for the post of Secretary, Bar Association, Ghaziabad on 02.04.2025 according to which nomination is going to be held on 15.04.2025, copy of the election program has been appended as annexure-8 to the writ petition. 4. After some arguments counsel for the petitioner confined his prayer and prayed that the petition be disposed of permitting the petitioner to challenge the election proceedings after declaration of the results of the aforesaid election programme. 5. Heard learned counsel for the parties. 6. with the consent of learned counsel for the parties, present writ petition is disposed of at the admission stage itself. 7. In this view of the matter and also in the interest of justice, present writ petition is disposed of directing the respondent no.5- Chairman Elder Committee Association, Ghaziabad to held the election as per election programme dated 02.04.2025. After declaration of the election results, the petitioner is free to challenge the election proceedings as well as the orders, which are under challenge in the present writ petition, if so advised. Order Date :- 15.4.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad