RAJESH KUMAR MISHRA Vs. STATE OF UP

JUDGEMENT

(1.) HEARD Sri Pradip Kumar, learned Counsel for the petitioners, learned Standing Counsel for the respondent Nos. 1 and 5, Sri N.K. Giri for the respondent No. 2, Sri Nripendra Mishra for the respondent Nos. 3 and 4 and Sri H.R. Misra, learned Senior Counsel assisted by Sri Amit Kumar Pandey, for the respondent No. 7. The Petitioner No. 2 had earlier come up in Writ Petition No. 34244 of 2014 disputing the membership and the electoral College on certain grounds. The said writ petition was disposed of on 9.7.2014 with the observations that such dispute of membership shall be considered at the stage as provided for under the Rules namely the U.P. State Cooperative Societies Election Rules, 2014. The judgment is extracted hereunder:

(2.) THE petitioners again filed Writ Petition No. 44532 of 2014 contending that there is every likelihood that no decision will be taken and the election will be held without deciding the issue of membership and electoral college. The second writ petition was dismissed on 26.8.2014; the judgment whereof is extracted herein below:

(3.) THIS writ petition has now been filed after the constituency has been determined in exercise of powers under Rules 24, 27 and 28 of the 2014 Rules aforesaid. Learned Counsel submits that while determining the constituency, certain claims on merits have been incorrectly decided and secondly, the determination has been made on the asking of a person, who was not the Secretary of the Society.