MANVENDRA SINGH Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) The petitioner is the Vice-Chairman of the Uttarakhand Cooperative Bank Limited, Haldwani, District Nainital. He has challenged the notification dated 03.04.2017, by which the Election Officer has notified the election schedule for the Management Committee and the Chairman. Admittedly, the Chairman is to be selected by the newly elected Management Committee.

(2.) The occasion for the new election arose as the then Chairman of the Uttarakhand Cooperative Bank Limited Mr. Sanjeev Arya was elected as an MLA in the last State Assembly Elections, of which the result was declared on 11.03.2017. Mr. Sanjeev Arya thereafter promptly resigned from the post of the Chairman.

(3.) According to the petitioner, once the Chairman resigns, the charge automatically has to come to the Vice-Chairman though there is no formal order of giving the charge to the petitioner, who is the Vice-Chairman. Learned Senior Counsel for the petitioner further argued that the new election for the Management Committee and the Chairman is a mere sham inasmuch as the Managing Director has been changed promptly at the start of the election and the elections were notified on 03.04.2017. The chart showing the schedule of the election is reproduced below:-