Allahabad High Court
/11791/2025 of DEV NARAYAN PANDEY Vs STATE OF U.P. THRU. SECY. COOPERATIVE LKO. AND 3 OTHERS on 4 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11791 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. We have heard learned Counsel for the petitioner, learned Standing Counsel appearing on behalf of the State respondent and Sri Rajieu Kumar Tripathi,
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - C No. - 11791 of 2025
Court No. - 2
HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J.
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1. We have heard learned Counsel for the petitioner, learned Standing Counsel appearing on behalf of the State respondent and Sri Rajieu Kumar Tripathi, Advocate, who appears on behalf of the Caveator.
2. This petition has been filed with the following main prayer:- "to issue a writ, order or direction in the nature of certiorari for quashing of the notice dated 14.11.2025, issued by Tehsildar Kaiserganj District Bahraich to the petitioner contain as Annexure No.-1 to this writ petition."
3. The Counsel for the petitioner has stated that the petitioner was elected as Chairperson/President of Sadhan Sahkari Samiti Limited Bhilaura Basu, Block Fakharpur, District Bahraich, on 19.03.2023. Prior to the petitioner, one Sri Pawan Kumar Tiwari was acting as President/Chairperson of the said Primary Agricultural Cooperative Credit Society. Certain disgruntled elements moved a 'No Confidence Motion' against the petitioner. On the basis whereof, a notice has been issued to the petitioner by the Tehsildar Kaiserganj to attend a 'No Confidence Motion' to be held on 05.12.2025 in the office of the Cooperative Society at 10 A.M. From a perusal of such notice dated 14.11.2025, it is evident that some order has been passed on the complaint Versus Counsel for Petitioner(s) : Gyanendra Pathak Counsel for Respondent(s) : C.S.C., Rajeiu Kumar Tripathi Dev Narayan Pandey .....Petitioner(s) State Of U.P. Thru. Secy. Cooperative Lko. And 3 Others .....Respondent(s)
made by other members of the Society by the District Magistrate on 10.11.2025. No copy of the order of the District Magistrate dated 10.11.2025, or even the complaint made by the other members of the Society against the petitioner, have been provided to him.
4. Learned Standing Counsel has produced before this Court instructions sent by the Assistant Commissioner and Assistant Registrar, Cooperative, Bahraich, dated 02.12.2025, wherein it has been stated that after election of the petitioner as President on 19.03.2023, 30 months have elapsed and under Rule 459(1), certain members of the Society have made a joint complaint to the District Magistrate Bahraich and the District Magistrate has passed the order on 10.11.2025, directing the Tehsildar Kaiserganj to preside over the meeting of 'No Confidence Motion' having been moved against the petitioner. The Tehsildar Kaiserganj had issued a notice on 14.11.2025 to the petitioner, which has been filed as an annexure to the petition.
5. There is no mention in such instructions of any copy of the order of the District Magistrate No.650 dated 10.11.2025 being supplied to the petitioner or even of the complaint made against the petitioner.
6. Learned standing Counsel says that the only ground raised in the writ petition is of non-compliance with Rule 455, as according to the petitioner 30 months have not elapsed from the date of his election as Chairperson and he has also placed reliance upon Rule 456 of the Rules of 1968 saying that no reason has been assigned for moving 'No Confidence Motion'.
7. The petitioner has not stated anywhere in the writ petition that he has not been provided a copy of the order of the District Magistrate dated 10.11.2025 or a copy of the complaint.
8. Instructions are limited only to the grounds raised in the writ petition.
9. Learned Counsel for the Caveator has also pointed out that the Tehsildar has only given a notice of the meeting proposed to be conducted on 05.12.2025. He has not passed the original order on the complaint which has been passed by the District Magistrate and the petitioner has not challenged the original order of the District Magistrate. He has also WRIC No. 11791 of 2025
only challenged the consequent communication of such order and the date of the meeting by the Presiding Officer nominated for the said purpose.
10. Instructions are taken on record.
11. This petition is disposed of with a direction to the petitioner to attend 'No Confidence Motion', which is going to take place tomorrow i.e. on 05.12.2025. December 4, 2025 Rahul WRIC No. 11791 of 2025
(Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench