BHUPENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This special appeal is directed against the judgment and order dated 26.2.2010 passed by learned Single Judge in Civil Misc. Writ Petition No. 72081 of 2005.

(2.) The facts giving rise to the present appeal are that there is an Akhil Bhartiya Gujar Vidyapracharni Sabha which is a registered society under the Societies Registration Act, 1860. The society has its own registered bye-laws. The election for the office of the President and the Secretary of the society alone are held amongst the members of the General Body and the aforesaid two office bearers, thereafter, co-opt the other office bearers of the society.

(3.) In the present case the dispute relates to the election of the President of the society. The election of the President and Secretary of the society took place on 15.6.2005. The counting was done on the same day and the petitioner- respondent Mahipal Singh was elected as President. The oath was administered by the Election Officer before the statue of Multan Singh on the same day. The appellant Bhupendra Singh who had lost the election of the President filed an application before the Election Officer for recounting of votes levelling certain allegations of bungling and malpractice in the counting process. After receiving the said application, the matter was referred to the Executive Committee by the Election Officer and the agenda was circulated on 17.6.2005 fixing 21.6.2005 for considering the recounting of the votes. The Executive Committee met on 21.6.2005 and after due deliberations, the decision was taken for recounting of votes and 27.6.2005 was fixed for the purpose. Challenging the decision and consequential order for recounting passed by the Executive Committee, the respondent No. 5 Mahipal Singh filed Civil Misc. Writ Petition No. 46925 of 2005 which was dismissed on 18.7.2005 as not pressed with liberty to file a fresh writ petition.