MADAN SINGH Vs. STATE OF UTTARAKHAND & OTHERS
HIGH COURT OF UTTARAKHAND
State of Uttarakhand and others
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(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
(2.) Present petition has been filed for the following
"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
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
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