LAWS(UTN)-2022-6-23

SHASHI PRASAD THAPLIYAL Vs. STATE OF UTTARAKHAND

Decided On June 20, 2022
Shashi Prasad Thapliyal Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) S.K. Mishra, J 1. In this intra-Court appeal, the appellant assails the order dtd. 13/6/2022 passed in Writ Petition (M/S) No. 1270 of 2022, whereby the Writ Petition of the appellant-writ petitioner was dismissed.

(2.) It is apparent from the records that the appellant-writ petitioner was never a member of the Cooperative Society, whose elections he is challenging. He has not assailed the order, whereby his application for membership was rejected, and has come to the Court directly filing the Writ Petition challenging the elections.

(3.) In that view of the matter, we do not find any illegality in the order passed by the learned Single Judge only with the exception that Order 2 Rule 2 of the Civil Procedure Code shall not be applicable to the prerogative writs, or Writ Petitions. The appellant-writ petitioner is at liberty to file a fresh Writ Petition challenging the denial of his membership.