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2025 DAILYLAW 84760 (ALL)

AMIT KUMAR v. STATE OF U.P. AND 5 OTHERS

WRIC/26863/2025 · 2025-08-10

Arun Kumar Singh Deshwal, Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:135075-DB Court No. - 40 Case :- WRIT - C No. - 26863 of 2025 Petitioner :- Amit Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ashwani Kumar Mishra Counsel for Respondent :- C.S.C.,Mahesh Narayan Mishra,Narendra Kumar Giri Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Ashwani Kumar Mishra, learned counsel for the petitioner, learned Standing Counsel for respondent nos.1, 3 & 4, Sri Narendra Kumar Giri, learned counsel for respondent no.2 and Sri Maheshh Narayan Mishra, learned counsel for respondent no.5. 2. The grievance of the petitioner is that petitioner has submitted a complaint before the Chief Election Commissioner, U.P. State Co- operative Society Election Commission, Lucknow in respect of election of respondent no.6 as Member and Director of District Cooperative Bank Limited, Muzaffar Nagar on the ground that respondent no.6 has obtained her election by committing fraud, and therefore, a proceeding under Rule 59 of U.P. State Co- operative Societies Election Rules, 2014 is to be initiated for removal of respondent no.6. It is submitted that on the complaint of petitioner, a notice has been issued by the Joint Commissioner, U.P. State Cooperative Societies Election Commission, Lucknow on 23.10.2024 calling upon the respondent no.6 to appear before the Election Commission alongwith evidence to establish that no fraud has been committed by her in getting elected as Member and Director. 3. It is submitted that thereafter, several notices were issued by the Election Commission, but respondent no.6 did not appear. It is submitted that the proceeding under Rule 59 of U.P. State Co- operative Societies Election Rules, 2014 (hereinafter referred to as 'Rules, 2014') is to be concluded expeditiously so as to achieve the object of Rules, 2014, and respondent no.6 is adopting delaying tactics and is not cooperating in concluding the proceedings initiated under Rule 59 of Rules, 2014. 4. Sri Narendra Kumar Giri, learned counsel for respondent no.2 submits that respondent no.2 shall conclude the proceedings initiated under Rule 59 of Rules, 2014 within four months. 5. In view of the statement made by Sri Narendra Kumar Giri, learned counsel for respondent no.2, the writ petition is disposed off with a direction to respondent no.2-Secretary, U.P. State Co- operative Society Election Commission, Lucknow to conclude the proceedings under Rule 59 of Rules, 2014 initiated against the respondent no.6 within a period of four months from the date of production of certified copy of this order after complying with the principles of natural justice by reasoned and speaking order. Order Date :- 11.8.2025 Sattyarth (Arun Kumar Singh Deshwal,J) (Saral Srivastava,J) Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad