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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Rakesh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Sandeep Sharma, J.
Petitioners herein, who are the members of respondent No.4-The Baghal Land Loosers Transport Cooperative Society Limited, Darlaghat (in short “respondent No.4-socieity”), are though primarily aggrieved of order dated 19.7.2018 (Annexure P-12) passed by Registrar (Cooperative Societies), Himachal Pradesh, Shimla-9, in terms of judgment dated 10.5.2018, passed by the Coordinate Bench of this Court in CWP No. 9532 of 2014, titled as Prem Lal Sharma v. Hira Lal and Ors., wherein a direction came to be issued to the Registrar (Cooperative Societies) to re-determine zones of the cooperative society in such a manner so as to ensure that same does not violate the provisions of law, but while seeking direction to the respondents to comply with the provisions of Rule 37 Appendix “A” and Rule 4 Sub-rule (2) of Appendix “A” of the Himachal Pradesh Cooperative Societies Rules, 1971 (in short the “Rules, 1971”), petitioners have also prayed for direction to respondent No.2 to take action on the inquiry report (Annexure P-8) and exclude respondents No. 16 to 141 from voter list as they allegedly do not fulfill the conditions stipulated by the Regulatory Committee con
In cooperative society elections, zones formed by membership serial numbers when contiguity undiscernible; Article 226 permits directing membership verification for fair polls despite delays and reme....
No interference can be made in a writ petition for contesting the validity of the claim of members and the electoral college finalised by Assistant Registrar and the remedy open for petitioners is ei....
Point of law: Exclusion or inclusion of the names in the voters list does not warrant interference by this Court under Article 226 of the Constitution of India and such questions are to be decided in....
The Election Officer's authority under the Maharashtra Cooperative Societies (Election to Committee) Rules is limited to correcting errors in the provisional voters list, and does not extend to adjud....
The Assistant Registrar of Cooperative Societies lacks jurisdiction over election disputes, which must be adjudicated by the Cooperative Election Commission per the relevant regulations.
The Assistant Registrar lacks jurisdiction to adjudicate on the validity of elections under the Societies Registration Act, 1860, and any disputes must be referred to the prescribed authority under S....
The main legal point established in the judgment is that objections to the provisional voters list for co-operative society elections must be within the jurisdiction of the Election Officer and must ....
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