RAJESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) By means of the present petition, the petitioner is challenging the order dated 5th November, 2011 by which the respondent no.2 has finalised the electoral list and also prayed for quashing of the result and proceedings of the election dated 28.1.2011 and further is seeking a mandamus declaring the election dated 28th April, 2008 as null and void.

(2.) The brief facts of the case are that there is a society in the name of Gram Vikas Samiti, Ganiyawali at Aligarh. It is an educational society registered under the Societies Registration Act. It has registered bye-laws. The last undisputed election of the committee of management of the society was held on 24th August, 2006 by the Deputy Registrar in accordance with the direction given by this Court vide order dated 6th March, 2006. In the said election, the petitioner was elected as the Pradhan and one Ram Kumar Sharma was elected as the Secretary and the respondent no.3, Champa Lal Sharma was elected as the Deputy Secretary. In the bye-laws, the term of the committee is not prescribed.

(3.) By the resolution dated 25th August, 2007, Ram Kumar Sharma has been removed from the post of Secretary and also from the membership of the society. Ram Kumar Sharma challenged the said resolution before the Deputy Registrar, Societies, who by the order dated 9th October, 2007, has upheld the removal of Ram Kumar Sharma. It was held by the Deputy Registrar that the meeting convened and held on 25th August, 2007 by the respondent no.7 was a valid meeting and the resolution passed therein was also valid. Consequently, Champa Lal Sharma has been elected as the Secretary. The Deputy Registrar has registered the list of the office bearers submitted by Champa Lal Sharma, Secretary, on 9th October, 2007. By the order dated 9th October, 2007, the Deputy Registrar has accepted the list of the office bearers as per the resolution dated 25th August, 2007 wherein the name of Champa Lal Sharma was included as the Secretary in place of Ram Kumar Sharma. Against the order of the Deputy Registrar dated 9th October, 2007, Ram Kumar Sharma filed Civil Misc. Writ Petition No. 51976 of 2007, which was dismissed against which Special Appeal No. 438 of 2008 was filed by Ram Kumar Sharma in which no interim order was granted. The said Special Appeal has now been dismissed on 19th January, 2012.