MADAN SINGH Vs. STATE OF UTTARAKHAND & OTHERS
LAWS(UTN)-2013-8-68
HIGH COURT OF UTTARAKHAND
Decided on August 01,2013

MADAN SINGH Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

- (1.) 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.
(2.) Present petition has been filed for the following 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."
(3.) Learned Additional Chief Standing Counsel raised preliminary objection regarding maintainability of the writ petition. He submitted that since the election of the Central 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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