MADAN SINGH Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(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 & 6.

(2.) Present petition has been filed for the following reliefs:-

(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 petition.