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SANGEETA CHANDRA, MANISH KUMAR
Vinayak Sahkari Avas Samiti Ltd. Ghaziabad Thru. Secy. Sri Atul Sharma – Appellant
Versus
State of U. P. , Thru. Prin. Secy. Cooperative Deptt. Civil Secrt. Lko. – Respondent
Headnote: Read headnote
JUDGMENT :
1. Heard the learned counsel for the petitioner, Sri Gaurav Mehrotra, who appears on behalf of the respondent nos. 2 & 3, learned Standing Counsel who appears on behalf of respondent nos. 1, 4 & 5 and Sri Rakesh Kumar Chaudhary, who appears on behalf of respondent nos. 6 & 7.
2. This writ petition has been preferred by the petitioner with the following main prayers:-
(ii) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 31.01.2023, passed by the opposite party no.4/District Assistant Cooperative Election Officer/Assistant Commissioner and Assistant Registrar, Cooperative Ghaziabad, contained in Annexure no.
The court ruled that the provisional voters' list must be based on the correct date as per statutory rules, emphasizing compliance with election regulations.
Membership in a co-operative society cannot be terminated without following the statutory procedure, and arbitrary exclusion from the voters list violates principles of natural justice.
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 ....
The court emphasized the need for sound reasons and due procedure to re-fix the cut-off date, and quashed the impugned orders dated 03.10.2023.
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.
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