2026:UHC:3866 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.1411 of 2026 Hon'ble Manoj Kumar Tiwari, J. Mr. Dushyant Mainali, learned Counsel for petitioner. 2. Mr. Yogesh Pande, learned Dy.A.G. with Ms. Swati Verma, learned B.H. for the State. 3. According to petitioner, he was an ordinary Member of ‘Tanakpur Sahkari Kray-Vikray Samiti’ which is a Primary Co-operative Society (respondent no.4), however, he has been declared as ineligible to cast vote in the impending elections of Committee of Management of the concerned Society. Petitioner has challenged the voter list (Annexure No.1) on the ground that his name was removed therefrom without affording any opportunity of hearing. A writ of mandamus is also sought to direct the respondents to publish a proper public notice for intimation of members of society to remove the objections pertaining to their eligibility. 4. It is contended by learned Counsel for petitioner that without assigning any reason, petitioner’s name was struck-off from the Voters’ List, which was published by the District Assistant Cooperative Election Officer, Champawat (respondent no.3). He further submits that personal hearing was not given and time for removing the defect/objection, if any, was also not given. 5. Learned State Counsel submits that in terms of Office Memo dated 27.08.2024 issued by the Registrar, Co-operative Societies, Uttarakhand, every member, desirous to continue as Member of a Society, is required to deposit membership fee of Rs.250/- and he should have contribution of minimum Rs.1,000/- towards share capital of the Society concerned; however, petitioner did not meet these conditions, as such, his name was excluded from voters’ list. 6. Learned Counsel for petitioner then submits that no reason was assigned by the concerned authority for excluding petitioner’s name from the voter list. He submits that in the absence of assigned reason, petitioner cannot invoke Section 70 of the Uttarakhand Co-operative Societies Act, 2003 which provides for ‘arbitration’. 7. This Court is not inclined to interfere in the matter. In the absence of statutory requirement of providing opportunity of hearing to a person, whose name is removed from the voter list, such requirement cannot be read into the statute. Voting right in a Society can be exercised by a person, who meets the eligibility condition prescribed therefor. Before making application for Membership, every person is expected to know the conditions of eligibility and the competent authority is not expected to inform the applicants about the deficiency in their application. An application, which is found to be not in order can be rejected by the competent authority without assigning any reason. 8. However, having regard to the facts and circumstances of the case, the writ petition is disposed of with a direction to the competent authority to disclose reason for excluding petitioner’s name from voter list, within ten days from today. Petitioner shall thereafter be at liberty to approach the appropriate forum for redressal of his grievances. 9. Pending application, if any, stands disposed of. (Manoj Kumar Tiwari, J.) 19.05.2026 R.Dang