IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 1942 of 2009 Ranveer Singh S/O Naubat Singh, R/O Village Sahapur, Block Khanpur, Tehsil Laksar, District Haridwar. … Petitioner. Versus 1. State of Uttarakhand through Secretary, Co-operative and Dairy, Uttarakhand Government, Dehradun. 2. Managing Director Uttarakhand Co-operative Dairy Federation, Mangalparao, Haldwani, District Nainital. 3. Director, Dairy Development Uttarakhand, Mangalparao, Haldwani, District Nainital. … Respondents. Mr. Rajendra Dobhal, Senior Advocate with Mr. Manoj Sah, Advocate, learned counsel for the petitioner. Mr. K.P.Upadhyay, learned Additional Chief Standing Counsel for the respondent nos. 1 and 3. Mr. J.P.Joshi, Advocate, learned counsel for the respondent no.2. Date April 29, 2010. Hon’ble B.S.Verma, J. Heard learned counsel for the parties and perused the record. Personal presence of Dr. Kamal Singh, Additional Managing Director, Uttarakhand Cooperative Dairy Federation Limited, Haldwani, is exempted as prayed for by the learned counsel for the respondent no.2. Learned counsel for the respondent no.2 files supplementary counter affidavit. The same is taken on record. By means of this writ petition, the petitioner has sought the following relief:- a) Issue a writ, order or direction in the nature of certiorari for quashing the order dated 9-10-2009 passed by the respondent no. 2. b) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to proceed with the election of the central society i.e. 2 Dugdh Utpadak Sahakari Sangh Ltd. Sikarpur, Haridwar. c) Any other writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case. d) Award the cost of the petition to the petitioner. According to the petitioner the election of the primary society, i.e. Sahapur II Dugdh Utpadak Sahakari Samiti Block Khanpur Tehsil Laksar was held on 9-7-2007 and 10-7-2007 and the petitioner has been elected as a delegate for the central Co- operative society i.e. Dugdh Utpadak Sahakari Sangh Sikarpur, Haridwar. The election of central Cooperative society, i.e. Dugdh Utpadak Sahakari Sangh Sikarpur Haridwar was held on 20-11- 2007 and 21-11-2007 and the petitioner was elected as delegate of the said society for the Apex Society, Sahakari Dairy Federation Limited Mangalparao Haldwani. The grievance of the petitioner is that the petitioner has already been elected as delegate of the primary society, but respondent no. 2 did not proceed for the election of the central society, i.e. Dugdh Utpadak Sahakari Sangh Ltd. Sikarpur Haridwar and has stayed the election process without any valid reason. Without the election of the central society, i.e. Dugdh Utpadak Sahakari Sangh Ltd. Sikarpur Haridwar, the petitioner would be disqualified for continuation of the Director of the Board/Management Committee of Uttarakhand Co-operative Dairy Federation which is the apex body. According to the petitioner, the election of the central society, i.e. Dugdh Utpadak Sahakari Sangh Ltd Sikarpur, Haridwar was held on 20-11-2007 and the term of two years has expired on 19-11-2009. This Court vide order dated 19-4-2010 directed the Registrar, Co-operative Societies Dairy Federation, Uttarakhand to 3 remain present in person and also explain why the exercise could not be taken for conducting the elections by filing supplementary counter affidavit. In compliance of the Court’s order, Dr. Kamal Singh, Additional Managing Director appeared in person before the Court along with record as the Registrar is reported to have been transferred. Learned counsel appearing on behalf of the respondent no. 2, Mr. J.P.Joshi, Advocate, has informed the Court that the Managing Director of the Dugdh Sahkari Samitis Uttarakhand holds charge of the Registrar and the election programme has to be chalked out by the Managing Director himself. Supplementary counter affidavit has been filed on behalf of the respondent no.2. Along with the same, the respondent no. 2 has annexed the proposed election programmes- one for the election of committee of management of primary Dugdh Utpadak Sahkari Samiti of district Haridwar (Annexure No. 1 & 1A to the supplementary counter affidavit) and the other for the committee of management of Dugdh Utpadak Sahkari Sangh Ltd. Sikarpur, Haridwar (Annexure No. 2 & 2A to the supplementary counter affidavit). Since the proposed election programmes have been chalked out by the respondent no. 2, the writ petition deserves to be allowed. The writ petition is allowed. The respondent no. 2 is directed, by a writ of mandamus, to conduct the elections of the central society, i.e. Dugdh Utpadak Sahkari Sangh Ltd. Sikarpur, Haridwar, soon after completion of election of primary society, as per proposed election programmes, as detailed in Annexures 1 and 1A and 2 and 2A to the supplementary counter affidavit filed on 29-4-2010. ( B.S.Verma, J.) RCP 4