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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Naresh Kumar – Appellant
Versus
Govt. of NCT of Delhi – Respondent
V. Kameswar Rao (Oral)
CM APPL. 41419/2023
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
W.P.(C) 10680/2023 & CM APPL. 41420/2023
1. This petition has been filed by the petitioner with the following prayers:
"a. Pass a writ, order or direction in the nature of mandamus for implementation of order dated 20.06.2023 passed by the Delhi Co-operative Tribunal in appeal no. 054/2022;
b. Pass a writ, order or direction in the nature of mandamus directing the respondent no. 2 & 3 to implement the order dated 20.06.2023;
c. Or may pass an order to allow the petitioner to take part in the election and cast his vote."
2. Mr. Satyakam, who appears for the respondents no. 1 & 2 has placed before us a communication dated August 09, 2023 of the Assistant Registrar in the office of Registrar of Cooperative Societies addressed to the respondent no. 3, wherein the following has been stated:
"OFFICE OF THE REGISTRAR CO-OPERATIVE SOCIETIES
GOVT. OF NCT OF DELHI
OLD COURT BUILDING, PARLIAMENT STREET, NEW DELHI- 110001
F.NO. 107583168/RCS/S-IV/2023/
Dated:
To,
The President/Secretary,
Munirka CGHS Ltd.,
Flat No. 11, Sector 9,
Dwarka, New Delhi-110077
Sub: Regarding order of Hon'ble
Compliance with court orders and directives from competent authorities is essential for the resolution of disputes.
The central legal point established in the judgment is the importance of a complete and transparent electoral list for conducting fair and democratic elections in accordance with the DCS Act 2003 and....
Satisfaction of primary relief sought through compliance with statutory obligations under the DCS Act influenced the court's decision to dispose of the petition.
Courts are generally reluctant to exercise writ jurisdiction to stay ongoing election processes once the electoral schedule has significantly progressed, preserving the rights of parties to challenge....
The court established that adherence to the procedural requirements for finalizing the voter list is essential for conducting valid elections under the AP Co-operative Societies Act.
Compliance with the provisions of the DCS Act and ensuring fair conduct of elections is crucial in the appointment of Returning Officers for Co-operative Societies.
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