IMPORTANT POINT
The amendment to Rule 456(2) of the Uttarakhand Cooperative Societies Rules, 2004, restricts representation in cooperative elections to Chairmen, nullifying the rights of Delegates.

JUDGMENT :

(Manoj Kumar Tiwari, J.) :

1. Since common questions of fact and law are involved in these petitions, therefore, these petitions are clubbed together and are being heard & decided together. However, for the sake of brevity and convenience, facts of WPMS No. 2 of 2024 alone are being considered.

2. By means of this writ petition, petitioner has sought the following reliefs:-

(I) a writ, order or direction in the nature of certiorari quashing the election program dated 20.12.2023 ANNEXURE NO. 2 issued by Respondent No. 5.

(II) a writ, order or direction in the nature of mandamus, commanding the respondents to issue a fresh election program for elections in the Central Milk Producing Cooperative Society i.e. Nainital Dugdh Utpadak Sahkari Sangh Ltd., Lalkuan, permitting the Petitioner to participate in the election as a delegate for the primary milk producing cooperative society, Durgapalpur II Motahaldu, Lalkuan.

Or in the alternative.

be pleased to direct the respondent to first conduct a fresh election for Chairman of the each Primary Cooperative Society and then to conduct the election of members of Managing Committee of the Nainital Dugdh Utpadak Sahkari Sangh Ltd., Lalkuan.

3. There is a Primary Milk Cooperative Society known as ‘Durgapalpur II Motahaldu, Lalkuan’. Petitioner claims to have been elected as delegate of the said society. The expression ‘Delegate of Society’ has been defined in Rule 2(v) of Uttarakhand Cooperative Societies Rules, 2004, which is extracted below:

“(v) “Delegate of Society” means an individual appointed in accordance with these rules by members of Committee of Management of a Co-operative Society to represent it in the general body of another Co-operative Society to which such Society is a member;”

4. Petitioner has challenged Office Memo dated 20.12.2023 issued by Secretary, Cooperative Election Authority, Uttarakhand, whereby programme for conducting election to Central Milk Producers Cooperative Society was notified.

5. A Delegate is elected in terms of provision contained in Rule 456 of the aforesaid Rules. State Government amended the aforesaid Rules by Amendment Rules notified on 29.07.2021 (annexed as Annexure No.3 to the writ petition). Sub-rule (2) to Rule 456 was also amended by the said amendment. Relevant extract of the amendment Rules 2021, is reproduced below:

6. Before its amendment, Rule 456(2) provided simultaneously holding of election of Chairman, Vice Chairman and Delegates with the election of members of Committee of Management. The expression ‘Delegates’ is now replaced by the expression ‘Representative’ in Rule 456(2) and a proviso is added providing that, instead of Delegate, a Milk Producer’s Co-operative Society shall be represented in other Milk Producer’s Cooperative Society only through its Chairman. Thus the right available to Delegate, before amendment, is conferred upon the Chairman.

7. Petitioner co