UTTARAKHAND COOPERATIVE ELECTION TRIBUNAL Vs. MANGE RAM SIROHI

JUDGEMENT

(1.) Uttarakhand Cooperative Election Tribunal has challenged the interim order dated 21. 02.2025, passed by learned Single Judge in Writ Petition (M/S) No. 3273 of 2024. Relevant extract of the said order is reproduced below: -

(2.) Learned Counsel for the appellant contends that impugned order is unsustainable. He relies upon proviso to Rule 441 of Co- operative Societies Rules, 2004 and contends that once election process is notified, nominations are finalized and symbols are allotted, the process of election cannot be suspended or postponed. Rule 441 along with proviso with Rules is extracted below: -

(3.) Learned counsel for the appellant further submits that (i) writ- petitioner had no locus standi, as he was not affected by the communication dated 04. 11. 2024, impugned in the writ petition or the amendments carried out in the Rules after 4/11/2024; (ii) the interim order passed by learned Single Judge amounts to final relief, as the entire election process would be derailed if that order is perm it ted to stand; and (iii) Members to 93% of the Co- operative Societies are elected unopposed upto 18. 02. 2025 in the election held, as per the proviso to Rule 12(b) of Uttarakhand Co-operative Societies Election Rules, 2018, but for the remaining 7% societies, proviso to Rule 12(b) would not be applicable.