This petition challenged the suspension of a Co-operative Bank committee election. The Court held the petitioner, a delegate to the Federation, lacked locus standi as only the Co-operative Society could file such disputes before the Election Tribunal. Petition dismissed.
The writ petition was dismissed on the ground of lack of locus standi.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No.1808 of 2013 (M/S)
Madan Singh
.…..Petitioner
Versus
State of Uttarakhand & others
.…Respondents
Dated: 01.08.2013
Hon’ble V.K. Bist, J.
Heard. Mr. Rakesh Thapliyal, Advocate for the petitioner and Mr. Paresh Tripathi, Additional Chief Standing Counsel for the State of Uttarakhand/respondent nos.1, 2, 4, 5 & 6.
reliefs:-
“I. Issue a writ, order or direction in the nature of certiorari quashing the impugned election notice dated nil issued by the Election Officer, District Co-operative Bank Ltd. Tehri Garhwal /Sub Divisional Magistrate, Dhanaulty, District Tehri Garhwal whereby the election of committee of management of Narendra Nagar Block has been suspended.
II. Issue a writ, order or direction in the nature of mandamus commanding the State Respondents to hold the election of District Co-operative Bank Ltd. Tehri Garhwal according to the final election programme including the Narendra Nagar Block/Constituency.
III. Issue any suitable writ, order or direction, which this Hon’ble Court may deem fit and proper on the basis of facts and circumstances of the case.
IV. Award the cost of the petition to the petitioner.”
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body is to be done by the delegates of primary society, the writ petition could only be filed by the Co-operative Society and not by the petitioner, who is simply a delegate of one of the Co-operative Societies. In support of his argument he submitted that similar issue was dealt by this Court in Writ Petition No.1674 (M/S) of 2013 in which this Court held that the delegate of the society has no locus to file the petition. It is only the Co-operative society, which can file the writ petition.
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a delegate of the society, which is the member of the Federation. The society, of which the petitioner is a delegate, has not come before the Court, which could have filed the writ petition. Thus, it is held that the petitioner has no locus to file the present writ petition.
“there is an apex Co-operative Society by the name Uttarakhand Cooperative Resham Federation Ltd., which has Member Co-operative Societies. Appellant is a member of one of those Member Co-operative Societies. He has some grievance pertaining to an election of the apex Cooperative Society held on 13th April, 2013. Instead of approaching the Election Tribunal, appellant filed a writ petition. By the judmgnt and order under appeal, the learned Judge has held that all such election disputes must be sorted out through the Election Tribunal. The learned Judge, thereafter, has held that the Co-operative Society, of which the appellant is a member and which Cooperative, in turn, is a Member of the apex Cooperative Society, is entitled to raise such disputes and not the appellant, who is merely a member of the Member Co-operative Society”.
“We have not been able to persuade ourselves to take a different view. An election dispute can only be raised by the electorate. In the instant case, despite being a chosen delegate of the Cooperative Society, of which the appellant is a member, appellant cannot be treated to be the electorate. We, accordingly, refuse to interfere. We are ad idem with the learned Single Judge that the grievances pertaining to election held on 13th April, 2013, as highlighted in the writ petition, can only be taken by the Resham Kitpalan Cooperative
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Society Ltd., Chakkitola, before the Election Tribunal, it if so desires”.
(V.K. Bist, J.) 01.08.2013
Arti
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1 issue framed by the court
Whether a delegate of a Co-operative Society has locus standi to file a writ petition regarding the suspension of an election.
Madan Singh
State of Uttarakhand
V.K. Bist
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
