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2025 DAILYLAW 3343 (UTT)

AMIT CHAUHAN v. STATE OF UTTARAKHAND

WPMS/687/2025 · 2025-03-06

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:1561 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No. 687 of 2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Aditya Singh, learned counsel for the petitioner. 2. Mr. Yogesh Chandra Teary, learned Standing Counsel for the State of Uttarakhand. 3. Petitioner was holding the Office of Chairman, District Cooperative Bank, Dehradun. He was debarred from contesting election by an order dated 05.09.2024 passed by Registrar, Cooperative Societies, Uttarakhand. Petitioner challenged the said order by filing an appeal under Section 98 of Uttarakhand Cooperative Societies Act. 4. Learned Cooperative Tribunal, Dehradun has rejected the interim relief application filed by the petitioner by holding that petitioner could not make out any prima facie case for grant of interim relief. 5. Learned counsel for the petitioner submits that the observations made by learned Tribunal is uncalled for, as petitioner was debarred from contesting election for a period three years only and if the interim relief is not granted, then the very purpose of filing the appeal would be frustrated. 6. Learned State Counsel, however, submits that stay of the order of debarment passed by Registrar would amount to final relief, as upon grant of 2025:UHC:1561 such relief, petitioner would be able to contest election without decision on his appeal. 7. This Court finds substance in the said submission made by learned State Counsel. Law is well settled that final relief cannot be granted at the interim stage, therefore, this Court does not find any reason to interfere in the matter. However, the writ petition is disposed of with a request to the Cooperative Tribunal to make endeavour to decide the appeal, within two months from the date of production of certified copy of this order. (Manoj Kumar Tiwari, J) 06.03.2025 Aswal 2025:UHC:1561