IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1250 of 2008 (M/S) Mohd. Ikram S/O Rahmat, R/O Village Bhagwanpur Chandanpur, Tehsil Roorkee, District Haridwar. …… Petitioner. Versus State of Uttarakhand through Secretary Co-operative Societies, Secretariat Complex, Dehradun and four others. … Respondents. Sri Navneet Kaushik, learned counsel for the petitioner. Sri K.P.Upadhyay, learned Additional C.S.C. for the respondents no. 1-3. Date July 28, 2008. Hon’ble B.S.Verma, J. Heard Sri Navneet Kaushik learned counsel for the petitioner and Sri K.P.Upadhyay, learned Additional Chief Standing Counsel for the State-respondents nos. 1 to 3 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 the respondent nos. 2 and 3 not to give effect to the list of 6 delegates sent by respondent no.4 for district level from the Primary Cooperative Society Nagla Imarti Kisan Seva Sahkari Samiti Limited Dhandera District Haridwar. II. Issue a writ order or direction in the nature of mandamus commanding the respondent no.2 to pass appropriate order on the basis of the record to hold elections for the post of Delegates for district level from Primary Cooperative Society Nagla Imarti Kisan Seva Sahkari Samiti Limited Dhandera District Haridwar. 2 III. Issue a writ order or direction in the nature of mandamus commanding the respondent no. 3 not to allow the 6 delegates to participate in any elections for district level cooperative society till the pendency of the present dispute and to further decide the representation dated 12-7-2008 by the petitioner. IV. Issue any other order or direction, which this Hon’ble Court may deem fit and proper under the circumstances of the case. V. Award cost of the petition in favour of the petitioner. Since the election process is in progress and six delegates were already sent by respondent no.4 to district level from the Primary Cooperative Society Nagla Imarti Kisan Seva Sahkari Samiti Limited Dhandera District Haridwar. According to the petitioner, he had also filed nomination. The grievance of the petitioner is that while his nomination was not considered and the respondent no.4 without rejecting the nomination paper of the petitioner elected said six delegates, whose nomination was not even forwarded by the elected Directors of the said society. In the case at hand, there is dispute of acceptance/rejection of nomination papers by respondent no.4- Election Officer. Whether the nomination papers were rightly dealt with or not by the Election Officer as per provision of the Uttaranchal Co-operative Societies Rules, 2004 (for short the Rules), the remedy open to the petitioner is that of Election Petition as per provision 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- 3 (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 petitioner can challenge the rejection/acceptance of the nomination papers by filing the 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 4 5 6