AJIT SINGH Vs. STATE OF UTTARAKHAND AND OTHERS
HIGH COURT OF UTTARAKHAND
State of Uttarakhand and others
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(1.) Heard learned counsel for the parties and perused the record.
(2.) Present writ petition has been filed by the petitioner for following reliefs:-
I. Issue a writ, order or direction in the nature of certiorari quashing the letter dated 21st May, 2013 issued by the Joint Secretary to the Government, decision dated 22.05.2013 taken by the Uttarakhand Cooperative Resham Federation Ltd., order dated 27th May, 2013 issued by the Secretary Cooperative & decision dated 13.04.2013, whereby the representatives of all these five societies were elected for federation.
II. Issue any suitable writ, order or direction, which this Hon ble Court may deem fit and proper on the basis of the facts and circumstances of the case.
III. Award the cost of the petition to the petitioner.
(3.) Preliminary objection has been raised by the counsel for the respondents that the writ petition filed by the petitioner is not maintainable, as the petitioner has no locus to file the writ petition. Since, election to the Apex body i.e. the Uttarakhand State Co-operative Federation Limited (hereinafter referred to as the Federation) is to be done by 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 their arguments, the learned counsel for the respondents relied upon the judgment of Hon ble Supreme Court, 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, Smt. Kesari Devi vs. State of U.P. and others, 2005 4 AWC 3563 . In the said judgment, the Hon ble Court referring the judgment M.S. Jayaraj case, has observed that Court must examine the locus from all angles. The Hon ble 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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