Decided on July 22,2013

Diwan Singh Baisora Appellant
State of Uttarakhand and others Respondents


- (1.) Heard Mr. B.S. Adhikari, Advocate for the petitioner and Mr. Paresh Tripathi, Additional Chief Standing Counsel for the State of Uttarakhand/respondent nos.1 and 3.
(2.) This petition has been filed by the petitioner for the following reliefs:- "1. A writ order or direction in the nature of certiorari quashing the impugned order dated 12.07.2013 (Annexure-5) and 13.07.2013 (Annexure-6) to this petition. 2. A writ order or direction in the nature of Mandamus directing the respondents for initialising the election process by rotating the election constituencies in the alphabetical manner as held by the respondent no.2 on 06.06.2013. 3. To pass any other order or direction which this Hon'ble Court deems fit and proper. 4. To award cost through out."
(3.) Preliminary objection has been raised by the learned Additional Chief Standing Counsel that the writ petition filed by the petitioner is not maintainable, as the petitioner has no locus to file the writ petition. He submitted that since the election of Apex body i.e. the Uttarakhand State Co-operative Federation Limited (hereinafter referred to as the Federation) is to be done by the delegates of primary cooperative societies, the writ petition could only be filed by the cooperative society and not the petitioner who is simply a delegate of one of the said cooperative societies. In support of his argument learned Additional Chief Standing Counsel relied upon the judgment of this Court dated 02.07.2013 in Writ Petition No.1336 (M/S) of 2013 and the judgment and order dated 10.07.2013 passed by the Division Bench of this Court in Special Appeal No.215 of 2013 pertaining to the election of another Apex Co-operative Society in the State of Uttarakhand and of Hon'ble Supreme Court, reported in 'Vinoy Kumar vs. State of U.P. and others, 2001 4 SCC 734' and the judgment of the Division Bench of the Hon'ble Allahabad High Court, reported in 'Smt. Kesari Devi vs. State of U.P. and others, 2005 4 AWC 3563' . In the judgment reported in VINOY KUMAR V. STATE OF UTTAR PRADESH, 2001 4 SCC 734, the Hon'ble Court referring the judgment of M.S. Jayaraj case, has observed that Court must examine the locus from all angles. The Hon'ble Supreme Court further observed that a person aggrieved means a person, who is injured or is adversely affected in a legal sense.;

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