SHASHI KIRAN Vs. STATE OF U.P.

JUDGEMENT

(1.) WE have heard Shri K.C. Pandey, learned Counsel for the petitioner and the learned Standing Counsel appearing for the respondent Nos. 1 to 5, and perused the record. The present Writ Petition has been filed under Article 226 of the Constitution of India, inter alia, praying for quashing the election held on 30.10.2012 wherein the respondent No. 7 has been elected as Chairman of the Cooperative Society in question. The election is being challenged on the ground of various irregularities allegedly committed in the election.

(2.) LEARNED Standing Counsel appearing for the respondent Nos. 1 to 5 has raised a preliminary objection that the petitioner has got an alternative remedy of taking proceedings under Rule 444C of the U.P. Cooperative Societies Rules, 1968 framed under the U.P. Cooperative Societies Act, 1965 to question the election of the respondent No. 7 on the grounds mentioned in the said Rule. Therefore, no interference is called for in the present Writ Petition under Article 226 of the Constitution of India.

(3.) RULE 444C of the U.P. Cooperative Societies Rules, 1968 framed under the U.P. Cooperative Societies Act, 1965 lays down as under: