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MANOJ KUMAR TIWARI
Sanjay Singh Rana – Appellant
Versus
State of Uttarakhand – Respondent
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:-
(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., La
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.
The court held that electoral participation must be facilitated within legal timelines, ensuring those eligible to vote are included in electoral processes, reflecting a commitment to democratic prin....
A delegate under different cooperative statutes can hold multiple voting rights without infringing the two-vote limit established by Section 21 of the Karnataka State Cooperative Societies Act, 1959.
The main legal point established in the judgment is the violation of the petitioner's fundamental right to participate in the election process due to the inconsistency between Bye-law 24(viii) and Se....
The suspension of election should only occur under specific circumstances as provided in the rules, and the appointment of an alternative body and election officer may be necessary to ensure a free a....
The main legal point established in the judgment is that Section 28(8) of the Kerala Cooperative Societies Act only pertains to the right to attend general body meetings and be elected as a member of....
The bye-laws governing elections within co-operative societies are valid and enforceable, as they regulate participation without infringing on voting rights, thereby promoting effective governance wh....
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