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2026 DAILYLAW 11158 (HP)

GANGA SINGH THAKUR AND OTHERS v. THE STATE OF HP AND OTHERS

CWP/7890/2026 · 2026-06-03

Jyotsna Rewal Dua

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7890 of 2026 Decided on: 3rd June, 2026 ------------------------------------------------------------------------------------- Ganga Singh Thakur and others …..Petitioners Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Sunil Mohan Goel, Senior Advocate with Mr. Dinesh Thakur, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajat Choudhry, Assistant Advocate General, for respondents No.1 and 3 to 5. Mr. Surender Sharma, Advocate, for respondent No.2. Mr. Surinder Saklani, Advocate, for respondent No.6. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge A detailed order was passed in this matter on 19.05.2026, which notices the grievance of the petitioners as under:- “Notice. Ms. Menka Raj Chauhan, learned Deputy Advocate General and Mr. Surender Sharma, learned counsel, appear and waive service of notice on behalf of respondents No.1, 3, 4 & 5 and respondent No.2, respectively. Issue notice to respondent No.6, 1 Whether reporters of print and electronic media may be allowed to see the order? Yes 2 returnable for 28.05.2026. Steps for service be taken during the course of the day. Respondent No.6 be also served by way of Dasti, as prayed for by learned counsel or the petitioners. 2. In view of documents placed on record, pleadings and the submissions made by learned Senior Counsel for the petitioners, issue raised in this writ petition can be said to be revolving around Model Code of Conduct, which is being cited by respondent No.3 to 5 for not convening the meeting at the instance of petitioners for carrying out a No Confidence Motion in respondent No.6-Cooperative Society. 3. Learned Senior Counsel for the petitioners placing reliance upon the decision of Hon’ble Gujrat High Court in R/Special Civil Application No. 6043 of 2019 (Mehsana District Co-operative Milk Producers Union Limited Vs. The District Election Officer, Mehsana and the District Collector Mehsana) decided on 16.04.2019, more particularly to para-7 thereof, contends that the Model Code of Conduct would only take within its ambit the development authorities; the Cooperative Societies like respondent No.6 is not developmental authority per se so as to fall within the ambit of the Model Code of Conduct. 4. Learned counsel for respondent No.2-State Election Commission has also placed on record office letters dated 13.05.2026, addressed by respondent No.2 to respondent No.3 for its comments in the matter for taking further necessary action. 5. Let instructions/reply be placed on record/filed by all the respondents on the grievance of the petitioners about non-convening the meeting in question due to Model Code of Conduct. List on 28.05.2026.” 2. Learned Senior Counsel for the petitioners submits that the meeting sought to be convened by the petitioners has now been convened on 31.05.2026, therefore, grievance of the petitioners has now been redressed. 3 In view of above, the present writ petition to stand disposed of. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua June 03, 2026 Judge Mukesh