MUDASSIR vs COOPERATIVE ELECTION AUTHORITY UTTARAKHAND

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HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No.2718 (M/S) of 2026

Dated 09.09.2026


Mudassir -------Petitioner

Versus

Cooperative Election Authority, Uttarakhand and others
-----------Respondents
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Presence:-
Mr. Mohd. Safdar, learned counsel for the petitioner.
Mr. Yogesh Pandey, learned Deputy Advocate General for the
State/respondent no.2.
Mr. Sandeep Kothari, learned counsel for the respondent no.1, 3 & 4.
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Hon’ble Mr. Subhash Upadhyay, J.


1. The petitioner has filed the writ petition with
the following prayers:

“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.”

2 .
Instructions were sought in the connected
matter from the respondents and in response to that,
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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.
3. Learned counsel for the respondents
submits that in view of the conclusion 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.
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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.”

4. As the election process has already been
concluded, as such, the present Writ Petition has
become infructuous and the same is accordingly
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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.



(SUBHASH UPADHYAY, J.)
Dated: 09.09.2026
Kaushal




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