IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1574 of 2008 (M/S) Rajinder Singh Negi S/o Shiv Narain Negi Post Office Nathukhan Nainital, presently Member Nainital Zila Shram Nirman Samiti Ltd. ….....Petitioner. Versus State & 3 others. ……….Respondents. Shri Alok Singh, Sr. Advocate, assisted by Shri Dharmendra Barthwal, Advocate for the petitioner. Shri K.P. Upadhyaya, learned Additional Chief Standing Counsel for respondents No. 1 to 3. Shri U.K. Uniyal, Sr. Advocate, assisted by Shri Shobhit Saharia, Advocate for respondent No. 4. 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 notice published on 03.09.2008, issued by Deputy Registrar Cooperative Societies, whereby composition of Electoral College is changed. A further mandamus has been sought directing the respondents to hold the elections of the District Cooperative Bank, without permitting the newly elected members inducted by the Administrator, to vote, and without change in composition of the societies. 3. On behalf of the petitioners attention of this Court is drawn to the judgment and order dated 30.07.2008, passed by Division Bench of this Court in writ petition No. 343 of 2008 (M/B), Committee of Management Vs. State of Uttarakhand, 2 and also to the principle of law laid down by the Apex Court in Joint Registrar of Cooperative Society Vs. T.A. Kuttapan (2000) 6 Supreme Court Cases Pg. 127, and it is argued that the Administrator appointed by the State has no right to induct new societies as members of Nainital District Cooperative Bank, Haldwani, just before the elections. 4. During arguments, attention of this Court is drawn by the learned counsel for the petitioner to the letter No. C52/fuokZ0&la0dk0/fjV fiVh’ku@2008-09, dated 02.09.2008, issued by Additional Registrar, Cooperative Societies, Uttarakhand, whereby all the Assistant Registrars, Cooperative Societies of the Districts of the State have been directed not to permit the newly enrolled societies to participate in the elections scheduled to be held on 18/19.09.2008. By the same order, it has further been directed that no change in the area and composition of the societies during the period of Administrator, be made. 5. In view of the above development, the prayer made in the writ petition gets answered by the State and new members Societies inducted by the Administrator, cannot participate in the elections scheduled to be held for Nainital District Cooperative Bank, Haldwani. 6. Therefore, this writ petition is disposed of summarily with the above observation. (Prafulla C. Pant, J.) Dt. 12.09.2008 Sweta 3 4