DIWAN SINGH BAISORA Vs. STATE OF UTTARAKHAND & OTHERS
HIGH COURT OF UTTARAKHAND
Diwan Singh Baisora
State of Uttarakhand and others
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(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
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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