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2026 DAILYLAW 375 (UTT)

AZAD SINGH v. STATE OF UTTARAKHAND

WPMS/3611/2025 · 2026-01-06

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:192 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/3611/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Narendra Bali, learned counsel for the petitioner. 2. Mr. Ganesh Kandpal, learned Deputy Advocate General for the State of Uttarakhand. 3. Mr. Prikshit Saini, learned counsel for respondent no. 6. 4. Petitioner challenged election of respondent no. 6, as Chairman of Primary Agricultural Cooperative Society on the ground that the deposit made by respondent no. 6 with the Society is less than ₹1,000/-. The representation was based on provision contained in Rule 473(1)(s) of Uttarakhand Cooperative Societies Rules, 2004 as amended in 2024, which is extracted below:- “7.(1)(s) he has become a member of a primary agricultural credit society for the purpose of deposit only and his deposit in such society becomes less than Rupees One thousand.” 5. The representation made by petitioner was rejected by the Election Officer on the ground that the objection, which petitioner has now raised, should have been raised while election process was on. 6. In this writ petition, petitioner has challenged the rejection order dated 20.11.2025. 7. Learned State Counsel points out that the dispute raised by petitioner is 2026:UHC:192 covered by Section 17 of Uttarakhand Cooperative Societies Act, therefore, petitioner has remedy of approaching Cooperative Tribunal. 8. Mr. Parikshit Saini, learned counsel appearing for respondent no. 6 has produced in Court deposit slip issued by Sadhan/Kishan Sewa Sehkari Samiti Limited (Cooperative Mini Bank) on 07.03.2025. The copy of passbook is also produced, which indicates that respondent no. 6 deposited ₹1,000/- in Cooperative Mini Bank on 07.03.2025. Based on the said document, Mr. Parikshit Saini, submits that the allegation that petitioner’s deposit was less than ₹1,000/- is not correct, therefore, his client do not suffer from any disqualification. 9. Be that as it may, since petitioner has remedy before Cooperative Tribunal, therefore, this Court is not inclined to look into the issue raised by petitioner. 10. The writ petition is, however, disposed of with liberty to petitioner to approach the appropriate forum under Section 70 of the Cooperative Societies Act, 2003. (Manoj Kumar Tiwari, J) 06.01.2026 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f074 77005aa85f9802a3a08b08d1369512ea30f 3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F1 0C2CE3D26F5C22DACF4F4610C1FE58A5 8531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.01.06 04:08:16 -08'00' 2026:UHC:192