BABU LAL BAJPAI AND OTHERS Vs. CHAIRMAN CO

JUDGEMENT

(1.) This is an application made by and no behalf of Respondents Nos. 3 and 4. Praying that the writ petition may be dismissed on having become infructuous.

(2.) In proceeding under Sec. 70 of the U. P. Co-operative Societies Act, 1956, the Petitioners challenged the legality of on election of the Committee of Management of Ganga Nagar Co-operative Housing Society. That petition was dismissed. The petitioners remained un-successful before the Co-operative Tribunal, which dismissed their appeal on 27th May, 1980. Hence this Petition under Art. 226 of the Constitution.

(3.) Learned Counsel for the parties are agreed, that the election which is the subject matter of controversy in the present petition was for a period of 3 years and that period has expired. Obviously this petition has become in fructuous. It appears, while disposing of the petition, the Arbitrator made certain observations in relation to certain issues. One of the issues was whether. Petitioners No. 1 and 4 respectively were duly appointed secretary and Administrator of the Co operative society. Since we are not interning into the merits at all, we make it clear that all or any of the observation made either by the Arbitrator or the Appellate Authority concerning the appointments of the said petitioners stand dissolved. They shall not be taken into account by any authority either to the advantage or to the dis-advantage of any of the parties, of the writ petition.