IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1188 of 2008 (M/S) Sahab Singh S/o Sri Balbir Singh Member, Vijti Dugdh Utpadak Sahkari Samiti Limited, Sitarganj, District Udham Singh Nagar. . Petitioner ...………… [ Versus 1. State of Uttarakhand through Secretary Dairy Development Department, Govt. of Uttarakhand, Dehradun. 2. Director, Dairy Development, Uttarakhand, Mangal Parao, Haldwani District Nainital / Registrar, Dairy Co-operative Societies, Uttarakhand, Mangal Parao, Haldwani, Distt. Nainital. ...…………. Respondents Mr. Manoj Tiwari, Advocate for the petitioner. Mr. K.P. Upadhyay, Addl. Chief Standing Counsel for respondent No. 1. Mr. Rakesh Thapliyal, Advocate present for respondent No. 2. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2) By means of this writ petition, the petitioner has sought writ in the nature of certiorari, quashing the order dated 05.07.2008, passed by respondent No. 1, whereby the primary elections of Milk Producers Co-operative Societies scheduled to be held in July 2008, are postponed. 2 3) Learned counsel for the petitioner submitted that the responsibility to hold the elections was with the Registrar, Co-operative Societies. It is further submitted that the State Government at its end could not postponed the elections. At best, it could have asked the Registrar showing special reasons that elections cannot be held on a particular date. 4) Rule 441 of the Uttaranchal Co-operative Societies Rules, 2004, which contains relevant provision of law, reads as under: “Where the State Government is satisfied that circumstances exist which render it difficult to hold the election on the date fixed by the Registrar, it may direct the Registrar to postpone the election and thereupon the Registrar shall postpone the election and all proceedings with reference to election shall be commenced afresh in all respects: Provided that if nominations have been finalized and symbols have been allotted, the process of election shall continue and poll shall be held on such date as the Registrar may fix.” It is not a case where the nominations are finalized or the symbols allotted. However, during the pendency of this writ petition, now, the fresh dates for elections have already been published, and the Registrar has come up with fresh programme of elections (copy of which is annexed as Annexure –1 to the short counter affidavit filed on behalf of respondent No. 2) which discloses that the primary elections of Milk Producers Co-operative Society of Uttarakhand are scheduled to be held on 24th October 2008. 3 5) In the above circumstances, having heard learned counsel for the parties, no useful purpose is going to be served by quashing the impugned order, as the date of the elections which were scheduled to be held in July 2008 has already been expired. Therefore, this writ petition deserves to be disposed of with the observation that the respondents would ensure that the elections are held as per the fresh programme notified (by which elections are scheduled to be held on 24.10.2008). 6) The writ petition stands disposed of, accordingly. (Stay Application No. 4478 of 2008 as well as Misc. Application No. 5930 of 2008, both stand disposed of). (Prafulla C. Pant, J.) [ Dt. September 10, 2008. H.Negi 4