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Judgment
Hon’ble Mr. Subhash Upadhyay, J.
The petitioner has filed the writ petition with the following prayers:
“i.A writ, order or direction in the nature of certiorari by quashing the impugned Amendment Press Vigyapti dated 25.08.2026 (Annexrue-1/Page No. 14 to 14).
(ii)To pass any other order of direction which this Court deems fit and proper.
(iii)To award cost throughout.”
Instructions were sought in the matter from the respondents and in response to that, the instructions have been submitted by the Deputy Registrar, Cooperative Societies, Uttarakhand, Garhwal Division, Pauri. As per the instruction received, the elections to the District Cooperative Banks, in the Garhwal Division have been completed on 08.09.2026.
Learned counsel for the respondents submits that in view of the conculsioin of the electoral proceedings, the grievance raised by the petitioner does not survive and, in case, the petitioner has any grievance then he has an efficacious remedy available under Rule 50 of the Uttarakhand State Cooperative Societies Election Rules, 2018. Rule 50 of the Uttarakhand State Cooperative Societies Election Rules, 2018, reads as under:
“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.”
As the election process has already been concluded, as such, the present Writ Petition has become infructuous and the same is accordingly disposed of as infructuous. However, the petitioner would be at liberty to file an Election Petition as provided under Rule 50 of the Uttarakhand State Cooperative Societies Election Rules, 2018.