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2008 Supreme(UK) 432

V.K.GUPTA, J.C.S.RAWAT
PANIYAL ASHRAM SAMBIDA SAHAKARI SAMITI LTD. – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
For the Review Petitioner:Mr. Arvind Vashisht, Advocate
For the Petitioner:Mr. Alok Singh, Sr. Advocate
For the Respondents:Mr. L.P. Naithani, Advocate General

Judgment

(Per : Hon’ble J.C.S. Rawar, J.)


For the reasons stated, Delay Condonation Application No. 5913 of 2008 is allowed. The delay in filing the review application is condoned. The review application shall be treated to be filed in time.

2. The Review Petitioner has filed the Civil Misc. Review No. 1052/2008 for reviewing the judgment dated 30.07.2008 passed by this Court in Writ Petition Nos. 343 of 2008 (M/B), 344 of 2008 (M/B) and 353 of 2008 (M/B)* by which it has been held by this Court that the Administrator of the Management Committee has no right to get the areas of the society or the village to re-determine for the purpose of election; the Administrator appointed by the Registrar cannot enroll new members for the election; he cannot change the composition of the society; and he cannot make delimitation of the election areas by adjusting the revenue villages from one society to another society.

3. Mr. Arvind Vashist, Advocate appearing for the review petitioner contended that the above findings recorded by this Court in para 5 and 6 of the judgment under review are based on the statement made by the Chief Standing Counsel and the decision of the Hon’ble Apex Court in







































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