Narendra Kumar Chaturvedi vs State of U.P. and Others

Satya Poot Mehrotra and Zaki Ullah Khan, JJ.—Supplementary-affidavit has been filed today on behalf of the petitioner. Let the same be placed on record. The present writ petition has been filed by the petitioner, inter alia, praying that the respondents be directed to provide Form-K to the petitioner and permit him to contest the Election of Committee of Management of the District Cooperative Bank Limited, Pilibhit.

We have heard Sri Virendra Kumar Shukla, learned counsel for the petitioner, the learned standing counsel appearing for the respondent Nos. 1 to 4 and Sri M.N. Mishra, learned counsel for the respondent No. 5

Learned standing counsel appearing for the respondent Nos. 1 to 4 has brought to the notice of the Court that the Elections in respect of the District Co-operative Bank Limited, Pilibhit are scheduled to take place on 29th January, 2013, i.e., today. It is thus, evident that the election process has already commenced, and the elections are scheduled to take place today.

In the circumstances, we of the view that it will not appropriate for this Court to exercise its writ jurisdiction under Article 226 of the Constitution of India, so as to hinder the on-going election process. It will be open to the petitioner to pursue such remedy as may be available to the petitioner under Law before appropriate forum after the elections are over for seeking appropriate reliefs for redressal of his alleged grievances, as raised in the writ petition. The writ petition filed by the petitioner is liable to be dismissed, and the same is accordingly dismissed subject to the observations made above.