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Judgment
Heard learned Counsel for the petitioner and the learned Counsel for the State.
The petitioner had approached this Court in the year 2002 challenging the notification dated 5.12.2002 relating to election of the President of the Service Co-operative Society, Gengutia and also challenging the election of the opposite party No. 5.
Learned Counsel for the petitioner submits that though he should have approached the Tribunal, because of absence of the Presiding Officer, he had filed this writ application in the year 2002, but subsequently in the year 2003 a petition has been filed for the self-same relief and has been registered as E.D. Case No. 31 of 2003 before the Tribunal. In view of the above, we cannot allow the petitioner to avail both the forums specifically when Co-operative Tribunal is now functioning. We, therefore, decline to pass any order in this writ application. The petitioner may pursue the application filed before the Tribunal. Since the tenure is going to expire soon the Tribunal may take expeditious steps for disposal of the case preferably within a period of two months.
The writ application is accordingly disposed of. Urgent certified copy of the order be granted on proper application.