Uttarakhand High CourtElection LawAdministrative and Public Law

Completion of cooperative elections renders writ petitions infructuous, leaving the aggrieved party to pursue Rule 50 remedies.

MUDASSIRv.COOPERATIVE ELECTION AUTHORITY UTTARAKHAND

Completion of cooperative elections renders writ petitions infructuous, leaving the aggrieved party to pursue Rule 50 remedies.. MUDASSIR vs COOPERATIVE ELECTION AUTHORITY UTTARAKHAND. Uttarakhand High Court. LawLens
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In brief

The question

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.

The court held

The High Court held that, in view of the completion of the election process, the writ petition had become infructuous.

It also directed

Accordingly disposed of it.

The petitioner was granted liberty to file an election petition under Rule 50 of the Uttarakhand State Cooperative Societies Election Rules, 2018.

01Facts

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.

¶ 1

He 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.

¶ 1

During 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.

¶ 2

02Issues

i.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.

¶ 2–4

ii.Whether the petitioner had an efficacious alternative remedy under Rule 50 of the Uttarakhand State Cooperative Societies Election Rules, 2018, after completion of the election.

¶ 3

03Law 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.

¶ 3

Under 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.

¶ 3

Such an election dispute must be referred within 45 days from declaration of the result, subject to payment of the prescribed fee.

¶ 3

The 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.

¶ 4

Provisions in the judgment · 1 · Linked ones open on LawLens

Representation of the People Act, 1951 Section 123

04Reasoning

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.

¶ 2, 4

The Court therefore held that the petitioner’s grievance did not survive in the existing proceedings.

¶ 4

However, 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.

¶ 3–4

05Holding

The High Court held that, in view of the completion of the election process, the writ petition had become infructuous.

¶ 4

Accordingly disposed of it.

¶ 4

The petitioner was granted liberty to file an election petition under Rule 50 of the Uttarakhand State Cooperative Societies Election Rules, 2018.

¶ 4
Uttarakhand High Court

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MUDASSIRvsCOOPERATIVE ELECTION AUTHORITY UTTARAKHAND

Uttarakhand High Court · September 09, 2026

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