Facts
The petitioner challenged the Election Officer’s order dated 31.08.2026 and the final voter list of the District Cooperative Bank, Haridwar, alleging that he and other eligible representatives of Multipurpose Mehwad Khurd Sahkari Samiti Ltd. had been wrongly excluded from participating in the election.
Source reference: para. 1He further sought consideration of the electoral position after excluding the name of Arbaaz, whose resignation from the post of representative had allegedly been accepted by the competent Board, and sought their inclusion in the voter list.
Source reference: para. 1During the proceedings, instructions from the Deputy Registrar, Cooperative Societies, disclosed that elections to the District Cooperative Banks in the Garhwal Division had been completed on 08.09.2026.
Source reference: para. 2Issues
Whether the writ petition challenging the exclusion of the petitioner and other representatives from the voter list remained maintainable after completion of the cooperative election process.
Source reference: paras. 2–4Whether the petitioner had an efficacious alternative remedy under Rule 50 of the Uttarakhand State Cooperative Societies Election Rules, 2018, after completion of the election.
Source reference: para. 3Law Applied
The Court applied Rule 50 of the Uttarakhand State Cooperative Societies Election Rules, 2018, which provides an election-suit remedy under Section 70 of the applicable Cooperative Societies law for parties aggrieved by the election of an official or representative of a cooperative society.
Source reference: para. 3Under Rule 50(2), an election challenge may be raised on grounds including corrupt practice, bribery or undue influence; improper acceptance or rejection of nomination; improper acceptance or rejection of votes; or gross non-compliance with the Act, rules or bye-laws where the election result has been materially affected.
Source reference: para. 3Such an election dispute must be referred within 45 days from declaration of the result, subject to payment of the prescribed fee.
Source reference: para. 3The Court further applied the principle that once the election process has concluded, a pre-election or election-stage challenge ordinarily becomes infructuous, with the aggrieved party required to pursue the statutory election remedy.
Source reference: para. 4Reasoning
Since the elections to the concerned District Cooperative Banks had been completed on 08.09.2026, the immediate reliefs sought—quashing the impugned order and voter list and permitting the petitioner to participate in the election—could no longer be effectively granted through the writ petition.
Source reference: paras. 2, 4The Court therefore held that the petitioner’s grievance did not survive in the existing proceedings.
Source reference: para. 4However, because Rule 50 specifically provides a mechanism to challenge an election on grounds such as improper rejection of votes or non-compliance with the governing statutory provisions, the petitioner was not left without a remedy and could pursue an election petition within the prescribed period.
Source reference: paras. 3–4Holding
The High Court held that, in view of the completion of the election process, the writ petition had become infructuous.
Accordingly disposed of it.
Source reference: para. 4The petitioner was granted liberty to file an election petition under Rule 50 of the Uttarakhand State Cooperative Societies Election Rules, 2018.
Source reference: para. 4Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Representation of the People Act, 19511
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MUDASSIRvsCOOPERATIVE ELECTION AUTHORITY UTTARAKHAND
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