IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1291 of 2008 (M/S) Devendra Pal Singh S/O Sardool Singh, R/O Village Barakheda, P.O. Gadarpur, District Udham Singh Nagar. …… Petitioner. Versus State of Uttarakhand though Secretary, Cooperative Societies, Uttarakhand, Dehradun and three others. … Respondents. Sri Navneet Kaushik, learned counsel for the petitioner. Sri K.P.Upadhyay, learned Additional C.S.C. for the State-respondent no.1-3. Date August 01, 2008. Hon’ble B.S. Verma, J. Sri Nanveet Kausik, learned counsel for the petitioner and Sri K.P.Upadhyay, learned Additional Chief Standing Counsel for the State-respondent nos. 1 to 3. Heard. This writ petition has been filed for the following reliefs:- I. Issue a writ order or direction in the nature of mandamus commanding and directing the respondent no. 4 to publish a fresh final voter list of Gadarpur Sahkari Kray Vikray Samiti Ltd. Gadarpur, District Udham Singh Nagar for its elections to be held on 6-8-2008 and 7-8-2008 deleting the name of Shram Sanvida Sahkari Samiti Ltd. Anandkhera Gadarpur and its delegates which have been given a place in the already published final voter list of 26-7-2008 on the pretext of the said society having been inducted as member society during the tenure of administrator. II. Issue a writ order or direction in the nature of mandamus commanding and directing the respondent no. 4 to decide the objections of the petitioner filed in this regard on 24-7- 2008 and to further pass an order to the effect that till the pendency of present writ petition delegates of Sram Sanvida Sahkari Samiti Ltd. Anandkhera Gadarpur be not permitted to participate in the election process of Gadarpur Sahkari Kray Vikray Samiti Ltd. Gadarpur, District Udham Singh Nagar. III. Issue any other order or direction, which this Hon’ble Court may deem fit and proper under the circumstances of the case. IV. Award cost of the petition in favour of the petitioner. According to the petitioner he is the member of Gadarpur Kisan Sewa Sahkari Samiti Ltd and is the elected delegate from the said Primary Cooperative Society. The petitioner has to participate in the election of Gadarpur Sahkari Kray Vikray Samiti Ltd. Gadarpur at the block level for elections to be held on 6-8-2008. According to the petitioner, after the term of the Cooperative Societies was reduced from 5 years to 2 years, Administrator was appointed of the Gadarpur Sahkari Kray Vikray Samiti Ltd. Gadarpur (U.S. Nagar), who took over charge on 26-10- 2007. The grievance of the petitioner is that two new societies, namely, Alakdevi Krishi Utpadan Vipran Evam Bahuuddaisiya Sahkari Samiti Ltd. Gadarpur and Shram Sanvida Sahkari Samiti Ltd. Anandkhera Gadarpur were inducted as member societies of Gadarpur Sahkari Kray Vikray Samiti Ltd. Gadarpur, District Udham Singh Nagar on 1-4-2008 and 1-5-2008 by the Administrator and during his tenure, while the Administrator has no power to inducted new members, hence the inclusion of these two societies in the tentative voter list by the Election Officer- respondent no. 4 is illegal. It has been contended by the petitioner that he filed objection before respondent no.4 against the tentative voter list. Copy of objection filed by the petitioner has been annexed as Annexure No.2 to the writ petition. The Election Officer without considering the objection, proceeded to publish the final voter list on 26-7-2008 vide Annexure No. 3. In this writ petition, the learned Additional Chief Standing Counsel was directed to seek instructions whether the objection of the petitioner dated 24-7-2008 against the tentative voter list or not was considered and decided by the Election Officer. In reply, on the basis of instruction received, the learned Additional Chief Standing Counsel informed the Court that the objection had already been decided by the Election Officer on the same day. It is an admitted fact that the election process has already commenced and according to the petitioner himself, the elections are to be held on 6-8-2008 and 7-8-2008. The main contention raised on behalf of the petitioner is that there has been gross failure to comply with the mandatory provisions of the Uttaranchal Co-operative Societies Act, 2003 (for short the Act) and the Cooperative Societies Rules 2004 (for short the Rules) on the part of the Election Officer. Hence, to my mind, the remedy open to the petitioner is that of Election Petition as per provision of sub-clause (iii) of clause (b) of sub-rule (1) of Rule 457 of the Rules. Rule 457 reads as under:- “457. (1) The election in a co-operative society shall not be called in question either by arbitration or otherwise except on the ground that- (a)the election has not been a fair election by reasons that corrupt practice, bribery or undue influence has extensively prevailed at the election, or (b)the result of the election has been materially affected- (i) by improper acceptance or rejection of any nomination, or (ii) by improper reception, refusal or rejection of votes, or (iii) by gross failure to comply with the provisions of the Act, the Rules or the Byelaws of the Society. Explanation- For the purpose of this rule corruption, bribery or undue influence shall have the meaning assigned to each under Section 123 of the Representation of People Act, 1951. (2) A dispute relating to election shall be referred by the aggrieved party within 45 days of the declaration of the result. Since the election process has already commenced and because the statutory remedy available to the petitioner is that of filing of an election petition, I am not inclined to entertain the writ petition, which is liable to be dismissed outright at the threshold. The writ petition is dismissed in limine. All pending applications stand disposed of. (B.S. Verma, J.) RCP