(1.) There is a delay of 5 days' in filing the appeal. In the circumstances, the delay in filing the appeal will stand condoned and the delay condonation application will stand allowed.
(2.) Appellant is the writ petitioner. The appellant was elected as a member of the Cooperative Society and, thereafter, his case is that he also stood elected as a Chairman. The District Magistrate, according to him, was approached by way of an election dispute concerning his election and his election was set-aside on the basis that proceedings were not followed. A preliminary objection is seen raised before the learned Single Judge that the appellant has an alternative remedy before the Tribunal.
(3.) We heard Mr. M.C. Kandpal Senior Advocate, for the appellant, Mr. Paresh Tripathi, Chief Standing Counsel for the State, Mr. Rakesh Thapliyal & Mr. D.C.S. Rawat, Advocates for respondent no. 1 and Mr. Yogesh Pandey, Advocate for respondent no. 3.