IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 52 of 2011 Rajnees Kumar ...Appellant Versus State of Uttarakhand & others …Respondents. Present : Mr. Ajay Veer Pundir, Advocate for the appellant. Mr. Vinay Kumar, Standing Counsel for the State of Uttarakhand/ respondent nos. 1 to 6. Mr. Manoj Tiwari, Senior Advocate assisted by Mr. Parikshit Saini, Advocate for respondent no.7. Date of Judgment : 17.3.2011 JUDGEMENT Coram: Hon’ble Barin Ghosh, CJ Hon’ble Sudhanshu Dhulia, J. Hon’ble Barin Ghosh, C.J. (Oral) Admit. By consent of the parties, the appeal is taken up for hearing on merit. By the order impugned in the writ petition filed by the appellant, election held on 2.12.2009 was declared invalid. In addition to that, it was held that the membership list prepared on 6.6.2009 is the valid membership list. The order directed holding of election on the basis of the said membership list dated 6.6.2009. The appellant contended in the writ petition that the authority, who passed the order, though had jurisdiction to interfere with the election, but he had no jurisdiction to declare validity of the membership list. A learned Single Judge, who dealt with the writ petition, found that the law on the subject has been settled by several judgments and held that an individual member of a committee of management has no locus standi to file a writ petition challenging an order nullifying an election of a Society. We feel that since the appellant was not a 2 member of the Management of the Society, those judgments will not apply. The fact, however, remains that the appellant was not a member of the Society as on 2.12.2009 and accordingly had no role to play in relation to the election, which has been declared invalid. Assistance of the appellant in the matter of coming to the conclusion that the said election was invalid or valid was not called for. It is that managing committee, which was invalidly elected on 2.12.2009 gave membership to the appellant. If the very election of that managing committee is declared as invalid, anything done by the said invalid managing committee should also be deemed to be invalid. The appellant, under the circumstances, cannot contend that direction to hold election on the basis of membership list prepared on 6.6.2009 was inappropriate. The said order was only a consequential order, in relation to the declaration that the election held on 2.12.2009 was an invalid election. The appeal fails and the same is dismissed. (Sudhanshu Dhulia, J.) (Barin Ghosh, C.J.) 17.3.2011 Avneet