Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Rakesh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. chronic disputes over cooperative society election zones. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. membership ineligibility raised; action by managing committee. (Para 10 , 11 , 12) |
| 3. zones by serial numbers valid absent contiguity. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. registrar's zone order upheld as rule-compliant. (Para 22 , 23) |
| 5. article 226 permits exceptional election intervention. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 6. court directs bye-law compliant membership verification. (Para 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 7. membership verified before holding society elections. (Para 38 , 39) |
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 (Cooperat
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....
Cooperative society holds primary authority to decide membership applications per bye-laws, subject to Registrar appeal; regulatory committee cannot directly reject but only oversee eligibility post-....
The Assistant Registrar of Cooperative Societies lacks jurisdiction over election disputes, which must be adjudicated by the Cooperative Election Commission per the relevant regulations.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
