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RAM CHANDRA SINGH & ANOTHER versus STATE OF U.P. AND THROUGH THE PRINCIPAL SECRETARY & OTHERS

High Court of Judicature at Allahabad

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Ram Chandra Singh & Another v. State Of U.P. And Through The Principal Secretary & Others - WRIT - C No. 26380 of 2007 [2007] RD-AH 10425 (5 June 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

HON. SHISHIR KUMAR, J

By means of the present writ petition the petitioners have approached this Court for quashing the show cause notice dated 25.5.2007 (Annexure 7 to the writ petition).

It has been submitted by the petitioners that there was a dispute of various members regarding functioning, therefore, by order dated 30.12.2006 an order was passed by the Registrar, Trade Union that matter can only be decided by the competent civil court.  One of the aggrieved party filed a civil suit in which interim injunction was granted.  An appeal filed by the aggrieved person, the order of injunction dated 29.4.2006 was set aside.  A writ petition was filed before this Court as Writ Petition No.60559 of 2006 in which order was passed by this Court on 14.11.2006 restraining the parties from functioning as office bearer of the union and are also restrained from operating any bank account.  It has also been submitted by the learned counsel for the petitioners that election of 2006 has already been turned out, therefore, the show cause notice dated 25.5.2007 regarding the election alleged to be held on 30.6.2006 is without jurisdiction.

After hearing counsel for the parties, I am of the view, that it is mere show cause notice given to the petitioners.  In case, the petitioners are aggrieved that the notice dated 25.5.2007 is without jurisdiction they can submit a reply to this effect and can also submit the documents to show that the election dated 30.6.2006 has already been turned out, therefore, relating to the election mentioned above, no proceeding or show cause notice can be given.

In view of the aforesaid fact, in case the petitioners submit a reply to the show cause notice dated 25.5.2007 that may be considered by the respondent No.2.  The question of jurisdiction regarding whether a show cause notice can be issued or not will be considered by the  respondent No.2 as a preliminary issue.  The specific and detailed order according to law be passed by the respondent No.2 preferably within a period of six weeks from the date of production of the certified copy of this order.

With these observations the writ petition is disposed of.

No order as to costs.  

5.6.2007

SKD

W.P. No.26380  of 2007


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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