Mudassir vs Cooperative Election Authority, Uttarakhand & Ors.

“i)

Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 31.08.2026 (Annexure-6 page 23 to writ petition) passed by the Election Officer, District Cooperative Bank Ltd., Haridwar,

ii) Issue a writ, order or direction in the nature of Certiorari quashing the final voter list dated 31.08.2026 (Annexure-7 page 24 to writ petition) to the extent whereby the petitioner and the other eligible representatives of Multipurpose Mehwad Khurd Sahkari Samiti Ltd. have been excluded from participating in the election;

iii) Issue a writ, order or direction commanding the respondents to consider the actual electoral position of Multipurpose Mehwad Khurd Sahkari Samiti Ltd., after excluding the name of Shri Arbaaz, who had already resigned from the post of representative and whose resignation had been accepted by the competent Board.

iv) Issue a writ, order or direction commanding the respondents to include the petitioner and other eligible representatives of Multipurpose Mehwad Khurd Sahkari Samiti Ltd. in the voter list and permit them to participate in the election in accordance with law;

v)

Issue any other order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.”

“50.(1) The parties aggrieved by the election of any official or representative of any Co-operative society can file an election suit under Section 70, which shall be referred to,-

a)

To the concerned District Magistrate in the case of Primary and Central/District level Cooperative Societies, who shall himself decide the dispute or may appoint any of the Sub Divisional Magistrate under him as Arbitrator or the Chairman of the Arbitration Board as the case may be, in the case of Primary Co-operative Society and in the case of Central/District level Co-operative Societies decide the dispute himself or appoint any of the Additional District Magistrate under him as Arbitrator or as the Chairman of the Board as the case may be.

b)

The Authority in the case of any State level/apex Co-operative Society which may decide the dispute himself or may appoint any Election Commission as Arbitrator or as the Chairman of Arbitration Board.

(2)

In regards to election of any co-operative society no objection shall be raised by arbitration or otherwise except on the ground that-

a)

the election has not been fair by reason that corrupt practice, bribery or undue influence prevailed at the election, or

b)

the result of election has been materially affected,-

1.

By improper acceptance or rejection of any nomination. or

2.

By improper acceptance or refusal or rejection of votes or

3.

By gross failure to comply with the provision of the Act, the rules or the bye-laws of the Co-operative Society.

Explanation – For the purpose of this rule, corruption, bribery or undue influence shall have the same meaning as assigned to them under section 123 of the Representation of Peoples Act, 1951.

(4)

A dispute relating to election shall be referred by the aggrieved party within 45 days of the declaration of the result.

5)

Notwithstanding anything in these rules, the applicant filing the election suit shall deposit the fees as follows in the head of account fixed by the State Government and shall enclose the original receipt with the plaint:-

a)

In case of primary cooperative societies- ₹ one thousand.

b)

in case of District/Central cooperative societies - ₹ two thousand.

c)

in case of State Level /Apex Cooperative Societies - ₹ five thousand.

Provided that, the suit shall not be accepted if the receipt of fees is not submitted.”