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Judgment
Sudhanshu Dhulia, J.
(1) The case of the petitioner is that a seat has been reserved for woman candidate, in the coming cooperative societies elections though under the law it could not have been reserved. Learned Counsel for the petitioner drew attention of this Court towards the Rule 415 of the Uttaranchal Cooperative Societies Rules, 2004 which reads as under:
"415 (1) A Co-operative Society other than an apex society may have as many persons on its Committee of Management as may be provided in its bye-laws, subject to a maximum of 15 persons. In the case of an apex society the maximum number may be 17 persons. Any other committee or sub-committee of the society shall be smaller than its Committee of Management and in no case, such committee, or sub-committee shall consist of more than 7 members:
Provided that in the Committee of Management of every co-operative society 3 seats shall be reserved of which one shall be reserved for Scheduled Caste or Scheduled Tribe, one for other backward classes of citizen and one for woman:
Provided further that in the case of Central and Primary Consumer Co-operative Societies 3 seats shall be reserved of which two shall be reserved for women and one for persons belonging to Scheduled Castes or Scheduled Tribes or Other backward Classes of citizens by rotation.
(2) Where a Co-operative Society referred to in Sub-rule (1) for any reasons, whatsoever, fails to elect on the Committee of Management such number of persons for whom seats are reserved or the vacancy occurs amongst them the vacancy on the deficiency shall be made good or filled, as the case may be, by the Committee of Management by co-opting from the General Body eligible persons belonging to such class on the Committee of Management of such society."
Learned Additional C.S.C. for the State raised a preliminary objection that these are not only the election matters but the grievance, if any, can be redressed by the higher authorities in case it is a genuine one.
Considering that the elections are shortly to be notified, as apprehended by the petitioner, Registrar, Cooperative Societies, Dehradun is directed to take a decision in the matter as early as possible but in any case before the notification of the elections provided the petitioner moves his representation along with a certified copy of this order before the said authority within 48 hours.
Writ petition stands disposed of.
Registry shall issue certified copy of this order today itself on payment of prescribed charges.