IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1067 of 2008 (M/S) Ranbeer Singh S/O Sri Bhopal Singh, R/O Village Dadeki, P.O. & Tehsil Laksar, District Haridwar. …… Petitioner. Versus State of Uttarakhand through Secretary, Cooperative Societies, Uttarakhand, Dehradun and four others. … Respondents. Sri Navneet Kaushik, learned counsel for the petitioner. Sri K.P.Upadhyay, learned Addl. C.S.C. for the State-respondents Nos. 1-3. Date July 08, 2008. Hon’ble B.S.Verma, J. Sri Navneet Kaushik, learned counsel for the petitioner and Sri K.P.Upadhyay, learned Additional Chief Standing Counsel for the State-respondents. Learned counsel for both the parties have submitted that the writ petition may be disposed of finally today without inviting counter affidavit from the respondents. Heard learned counsel for the parties and perused the record. 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 respondents to delete the names of persons included as members in the final voter list of village Dhadeki and Jainpur who were not the members in the tentative list and have been given a place in the final voter list on the basis of their being included as members on the basis of their inclusion on 26-5-2008 and further debar them from participating in 2 the election of Kisan Sewa Sahkari Samiti Ltd. Mohammadpur Bujurg, Block Laksar, District Haridwar to be held on 10-7-2008. II. Issue any other order or direction, which this Hon’ble Court may deem fit and proper under the circumstances of the case. III. Award cost of the petition in favour of the petitioner. The petitioner has challenged the final voter list on the ground that when the tentative list was published, the members, who were inducted by the Administrator, were not shown in the list. At the time when the fourth respondent finalized the list, he has included those members, who were inducted by the Administrator of the Society. Because the names of those members did not find place in the tentative list, the petitioner could not file objection to that effect. Learned counsel for the petitioner has relied upon the judgments of the Apex Court in the case of K.Shantharaj and another Vs. M.L. Nagaraja and others [AIR 1997, Supreme Court, 2925] and Jt. Registrar of Co-operative Societies, Kerala Vs. T.A.Kuttappan and others, [AIR 2000 Supreme Court, 2378] wherein it has been held that the Administrator has no power to induct new members in the society like the Committee of Management. In the case of K.Shantharaj (supra) before the Apex Court, the provisions of Sections 30 and 30-A of the Karnataka Co- operative Societies Act were considered and these provisions are almost identical to the provision of Section 35(5) of the Uttaranchal Co-operative Societies Act, 2003. Learned counsel for the petitioner has contended that the matter is urgent in nature and the election is going to be held on 10th July 2008. 3 In view of the fact that the election is going to be held on 10th July 2008, the petitioner is given liberty to file objection before the fourth respondent by tomorrow and the fourth respondent shall take a decision thereon afresh by tomorrow, i.e. 9- 7-2008, after hearing the petitioner on the issue, which has been raised before this Court regarding the membership of those persons, who have been inducted by the administrator. If the objection of the petitioner is found sustainable, then the fourth respondent shall publish fresh list for holding the election of the society. With the said direction, the writ petition is disposed of finally. All pending applications stand disposed of. Certified copy of this order be issued to the learned counsel for the petitioner today on payment of usual charges. ( B.S.Verma, J. ) RCP 4 5