Neutral Citation No. - 2025:AHC:77153-DB Court No. - 3 Case :- WRIT - C No. - 6488 of 2025 Petitioner :- Nobil Kumar Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Abhinav Gaur,Sr. Advocate,Vibhu Rai Counsel for Respondent :- Akshara Rai,C.S.C.,Narendra Kumar Giri Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. Heard Shri Vibhu Rai, learned counsel for the petitioner. Notice on behalf of respondent Nos. 1 and 3 has been accepted by learned Standing Counsel; notice on behalf of respondent No. 4 by Ms. Akshara Rai and notice on behalf of respondent No. 2 has been accepted by Shri N.K. Giri. 2. Challenge in the writ petition is to the order dated 21.02.2025 passed by the respondent No. 2, the Chief Election Officer. 3. The order impugned has been passed on an application filed by petitioner invoking Rule 59 of the U.P. State Cooperative Societies Election Rules 2014. The said rule reads as follows:- "59. If in the opinion of the Commission a candidate has participated on grounds of corruption or fraudulent act or false records which has a material effect on the candidature and its results, the it may declare such person/elected member to be disqualified and may declare him ineligible for future participation for which shall period be not less than three years and not more than six years." 4. Primarily, the case of the petitioner in the application under Rule 59, as also before this Court, is that the voter list for the election to the post of Chairman of the Gangol Dugdh Utpadak Sangh Ltd., Meerut, included in it, names of certain dead persons. 5. It is submitted by learned counsel for the petitioner is that the impugned order records that voter list contained names of dead persons also and yet the application of the petitioner has wrongly and illegally been rejected. 6. We have considered the submissions of learned counsel for the petitioner and perused the record. Rule 59, quoted here-in-above, enables the Election Commission to declare any candidate or elected member, disqualified, apart from holding such person ineligible for future participation in elections for a period of three to six years, in case such person is guilty of corruption or fraudulent act or has relied upon false records, which actions have a material effect on the candidature of the said person and on the result of the election. 7. The allegations made by learned counsel for the petitioner are that by the Secretary and President of Dugdh Utpadak Sahkari Samiti Ltd., Dayalpur, District Meerut, this list was fraudulent and contained names of several persons who were already dead apart from other infirmities in the list of the members. 8. The Election Commission while rejecting the application, has observed that no fraudulent act, corrupt practice etc., can be attributed to the elected candidate on account of the list of members containing names also of dead persons. 9. We are in agreement with the observations and the reasoning given in the impugned order as the list of members or the electoral college is not prepared or finalized by the candidate. Therefore, any illegality in the determination of the electoral college or list of members of the society, which is stated to contain names of dead persons, be termed as corruption or fraudulent act or false records insofar as the elected candidate is concerned. The candidate cannot be penalized in case the electoral college was wrongly determined or if the list of members or the voter list contains names also of dead persons. 10. For the same reason, we do not find any merit in the writ petition. 11. The writ petition is accordingly, dismissed. Order Date :- 12.5.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad