BISHAN DUTT LOSHALI; KALYAN SINGH; DEEPA NAYAL IIND; RAJENDRA SINGH; KRISHAN CHANDRA & OTHERS Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) Since in all these writ petitions, controversy to be decided is same, therefore, all the writ petitions are being decided by a common judgment.

(2.) All these petitions are filed by the petitioners for a direction to the respondent no.5 to include the names of the petitioners in the final voter list prepared/ published on 15.06.2013 for electoral constituencies 08 Haldwani, 06 Ramgarh, 01 Okhalkanda and 03 Dhari.

(3.) Mr. Paresh Tripathi, learned Additional C.S.C. for the State raised preliminary objection regarding maintainability of these writ petitions. He submitted that the Election Officer/Sub Divisional Magistrate, Haldwani has issued a notification on 12.06.2013, regarding election of the Members, Chairman, ViceChairman of the Committee of Management of the District Cooperative Bank, Nainital and the election of Delegates to other societies. He submitted that since the election process is already started, the writ petitions filed by the petitioners under Article 226 of the Constitution of India are not maintainable and the remedy for settling the election disputes is available to the aggrieved party under Section 70 of the Uttarakhand Cooperative Societies Act, 2003 read with Rule 457 of the Uttarakhand Cooperative Societies Rules, 2004, which provides the complete mechanism.