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2022 Supreme(All) 640

DEVENDRA KUMAR UPADHYAYA
Rishipal Sharma – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Cooperative – Respondent


Advocates appeared:
For the Petitioner: Nirankar Singh, Km. Gitanjali Shukla, Prashant
For the Respondent: C.S.C., Gaurav Mehrotra, Rajendra Pratap Singh, Sanjay Bhasin, Surendra Pratap Singh

JUDGMENT :

Rajnish Kumar, J.

1. Heard Sri Nirankar Singh, learned counsel for the petitioner, learned State Counsel, Sri Gaurav Mehrotra assisted by Sri Devrishi Kumar, learned counsel representing U.P. State Cooperative Societies Election Commission (hereinafter referred to as the Election Commission), Sri Kuldeep Pati Tripathi, learned counsel representing the respondent no.4-District Cooperative Federation Limited, Bulandshahar and Sri S.P. Singh, learned counsel for the respondent no.6.

2. By instituting these proceedings, the petitioner has laid challenge to an order dated 17.04.2018 passed by the Chief Election Commissioner(Cooperative Societies), whereby the elections of District Cooperative Federation Limited, Bulandshahar(hereinafter referred to as the society), which were notified on 16.02.2018, were postponed.

3. Submission of learned counsel for the petitioner, impeaching the impugned order, is that once the election process had commenced by way of issuing the notification dated 16.02.2018, the Election Commission or for that matter any other authority of the State Government does not have any jurisdiction to postpone the election process. It has also been argued by lea

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