Uttarakhand High Court
Election LawAdministrative and Public Law

Completion of cooperative elections renders writ challenges infructuous, leaving an election petition under Rule 50 as the remedy.

SURENDRA SINGH vs REGISTRAR COOPERATIVE SOCIETY UTTARAKHAND

Uttarakhand High CourtJUDGMENT: September 09, 20262 MIN READSOURCE JUDGMENT
Completion of cooperative elections renders writ challenges infructuous, leaving an election petition under Rule 50 as the remedy.. SURENDRA SINGH vs REGISTRAR COOPERATIVE SOCIETY UTTARAKHAND. Uttarakhand High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner challenged the order dated 25.08.2026 by which the constituencies finalized and published on 24.08.2026 for the ensuing election of the District Cooperative Bank, Haridwar, were allegedly altered. He sought quashing of the order and a direction to conduct the election on the basis of the constituencies finalized on 24.08.2026, under the Uttarakhand State Cooperative Election Rules, 2018, as amended in 2024.

Source reference: para. 1; p. 1

During the proceedings, the respondents informed the Court that elections to the District Cooperative Banks in the Garhwal Division had been completed on 08.09.2026. The respondents further contended that the petitioner’s grievance had consequently become infructuous and that an efficacious remedy by way of an election petition was available under Rule 50 of the 2018 Rules.

Source reference: paras. 2–3; pp. 2–4
02

Issues

Whether the writ petition challenging the alteration of electoral constituencies remained maintainable after the cooperative-bank election process had been completed.

Source reference: paras. 2–4; pp. 2–4

Whether the petitioner had an alternative and efficacious remedy by filing an election petition under Rule 50 of the Uttarakhand State Cooperative Societies Election Rules, 2018.

Source reference: para. 3; pp. 2–4
03

Law Applied

The Court applied Rule 50 of the Uttarakhand State Cooperative Societies Election Rules, 2018, read with Section 70 of the cooperative societies legislation, which provides a statutory mechanism for challenging the election of an official or representative of a cooperative society.

Source reference: Rule 50(1)(a); pp. 2–3

The rule restricts election challenges to specified grounds, including corrupt practices, improper acceptance or rejection of nominations or votes, and gross non-compliance with the Act, rules, or bye-laws where the result is materially affected. Such a dispute must be filed within 45 days of declaration of the result, subject to payment of the prescribed fee.

Source reference: Rule 50(2); p. 3; Rule 50(4)–(5); pp. 3–4
04

Reasoning

The relief sought by the petitioner was directed at regulating the forthcoming election on the basis of the constituencies published on 24.08.2026. Since the elections had already been completed on 08.09.2026, the requested directions could no longer effectively be granted, and the immediate cause of action did not survive.

Source reference: paras. 2 and 4; pp. 2, 4

The Court therefore declined to adjudicate the challenge in writ jurisdiction. It recognized that any surviving grievance concerning the fairness or legality of the completed election could be examined through the specific statutory election-dispute mechanism under Rule 50, subject to its conditions and limitation period.

Source reference: paras. 3–4; pp. 2–4
05

Holding

The High Court held that the writ petition had become infructuous because the election process had already concluded.

It accordingly disposed of the petition as infructuous, while granting the petitioner liberty to file an election petition under Rule 50 of the Uttarakhand State Cooperative Societies Election Rules, 2018, if so advised.

Source reference: para. 4; p. 4
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Representation of the People Act, 19511

Uttarakhand High Court

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SURENDRA SINGHvsREGISTRAR COOPERATIVE SOCIETY UTTARAKHAND

Uttarakhand High Court · September 09, 2026

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