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Judgment
Sudhanshu Dhulia, J
In compliance of this Court's order dated 15.11.2019 the Election Officer, Cane Development Co-operative Society, Laksar, District Haridwar is present in person before this Court.
The petitioner before this Court being a member of the Primary Agriculture Cooperative Society was elected as a delegate to elect the Committee of Management for the District Level Society. The delegates in turn elect the Committee of Management of the Cane Development Co-operative Society.
Although the name of the petitioner figured in the tentative list by the concerned officer on 06.11.2019, but on the next day, his name did not figure in the final list. Aggrieved the petitioner has filed the present writ petition before this Court.
The Chief Agriculture Officer, who is also conducting the election, is present in person before this Court. He has apprised this Court that the name of the petitioner was deleted from the final list, as there were three to five objections against the petitioner and one of the objections was that the petitioner is a ward member of "Gram Panchayat".
Under the Cooperative Societies Rules, a ward member of a Panchayat stands disentitled to become a member of the Committee of Management of a Society, however, there is no such prohibition for him being a simple delegate, for which the petitioner was elected. Therefore, the deletion of the name of the petitioner is prima facie incorrect. It is not a case where the name of the petitioner has been deleted and the name of other person has been included and the rights of any other person have been affected. It is simply a case of deletion of name of the petitioner.
Although there is a statutory disqualification attached to the petitioner to become a member of the Committee of Management but he has a right to be a delegate to cast vote and elect the members of the Committee of Management. The order passed by the Officer dated 07.11.2019 stands corrected to that effect. The Officer who is present in person before this Court undertakes to include the name of the petitioner in the list of delegates to cast the vote, scheduled to be held on 20.11.2019.
With the observations as above, writ petition stands disposed of.
Let a certified copy of this order be issued today itself on payment of usual charges.