The court dismissed a writ petition challenging the amendment to Uttar Pradesh Cooperative Societies Election Rules due to delay and laches as the election process had already commenced.
Writ petition dismissed due to delay and laches as election process commenced.
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Chief Justice's Court
Case :- WRIT - C No. - 1456 of 2018
Petitioner :- Om Prakash Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sujit Kumar Rai Counsel for Respondent :- C.S.C.,Satyam Singh
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Suneet Kumar,J.
Heard Mr S K Rai, learned counsel for the petitioner and Mr. Ramanand Pandey, learned Additional Chief Standing Counsel for respondent no.1.
The principal prayer made in the writ petition, reads thus:
"i) issue a writ, order or direction in the nature of certiorari, quashing the amendment notified on 18.7.2017 in rule 12 (a) of the Uttar Pradesh Cooperative Societies Election Rules, 2014 (Annexure : 1 to the writ petition)."
By notification dated 18.7.2017, constituencies have been determined for conducting election of the cooperative society. We are informed that a notification declaring the election has been issued on 6 November 2017 and the election process commenced on 27 December 2017. The notification further shows that the voting would be on 29 January 2018. In view thereof, this petition deserves to be dismissed on the ground of delay and laches. Order accordingly.
Dismissal of the writ petition shall not preclude the petitioner from taking appropriate remedy, if any, after the election process is complete.
Order Date :- 11.1.2018 RKK/-
(Dilip B Bhosale, CJ)
(Suneet Kumar, J)
1 issue framed by the court
Whether a writ petition challenging an election notification deserves to be dismissed on grounds of delay and laches given the commencement of the election process.
2 provisions across 2 enactments
Om Prakash Singh
State Of U.P.
2 Others
Dilip B Bhosale
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
