Mange Ram Sirohi vs State Of Uttarakhand And Another
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Uttarakhand High Court

Mange Ram Sirohi vs State Of Uttarakhand And Another on 21 February, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL

          Writ Petition No. 3273 of 2024 (M/S)

Mange Ram Sirohi                                       ........Petitioner

                                    Vs.

State of Uttarakhand and another                ........... Respondents



Present : Mr. Shobhit Saharia, Advocate for the petitioner.
          Mr. Ganesh Kandpal, Deputy Advocate General with Mr. C.S. Rawat,
          Chief Standing Counsel for the State.
          Mr. Sandeep Kothari, Advocate for the respondent no. 2.


                              JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The challenge in this petition is made to a

communication dated 04.11.2024 made by the Chairman,

Cooperative Election Authority, Dehradun by which the

election was deferred on the ground that for relaxation of

conditions as contained in Rule 12(b) of the Uttarakhand

State Cooperative Election Rules, 2018 ("2018 Rules"), a

proposal has been forwarded to the Government.

2. Heard learned counsel for the parties and

perused the record.

3. By an order dated 13.12.2024 of this Court, the

effect and operation of the impugned communication

dated 04.11.2024 was stayed.

4. Learned counsel for the petitioner would

submit that the elections of the cooperative society can be

held in accordance with 2018 Rules. Earlier, the

guidelines were issued by the respondents for conducting

elections for the cooperative societies but in those

guidelines, compliance of Rule 12(b) of 2018 Rules was

not incorporated. Therefore, WP (M/S) No.2925 of 2024

("the first petition") was filed by the petitioner, which was

dismissed by the Court observing that the explanation

given in the Cooperative Election Guidelines, 2024 are

more than clear. It is argued that the explanation

provides that if, there is any ambiguity or variance in the

guidelines, the provisions of the Uttarakhand Co-

operative Societies Act, 2003, the Uttaranchal Co-

operative Societies Rules, 2004 and 2018 Rules shall

prevail.

5. It is argued that thereafter the impugned

communication was sent. And, subsequent to it, during

the pendency of the writ petition, the respondents

introduced an amendment in Rule 12(b) of the 2018 Rules

by adding a proviso to Rule 12(b). It is argued that Rule

12(b) of 2018 Rules provides that only those members will

be eligible to cast votes, who had at least undertaken

some credit, debit transactions at least once in the last

three years. But, it is submitted that Proviso (2) to 12(b)

of 2018 Rules is now being read by the respondents as if

any member, who has been inducted by the Administrator

or any person just before the election, without there being

any transaction of credit, debit, may cast their vote and

the main Rule has been eclipsed for this election only.

6. Learned counsel for the petitioner would also

submit that initially the elections were notified on

12.09.2022. Returning Officers were also declared on

28.10.2024 and thereafter, final settlement of

constituencies was done on 02.11.2024. But, the

respondents deferred the elections. Impugned

communication dated 04.11.2024 was made and,

thereafter, proviso to Rule 12(b) of 2018 Rules was

introduced. It is argued that once the elections are

notified, the rule of the game should not be changed;

there should not be any interference by anyone.

7. Learned State counsel would submit that in

order to empower women, reservation was introduced in

the Societies and for that purpose relaxation in the Rules

has been incorporated by virtue of adding a proviso to

Rule 12(b) of the 2018 Rules.

8. Learned Chief Standing Counsel would submit

that the rule of the game has not been changed. In order

to provide reservation to women, proviso to Rule 12(b) in

2018 Rules has been made. Most of the Societies are not

functional. He would also submit that new election

programme has been issued.

9. A few things are admitted, which are as

follows:-

(i) Election were directed to be conducted pursuant to the directions of this Court passed in WP (M/S) No.1999 of 2023 on 15.02.2024.

(ii) Initially elections were notified on 12.09.2024 and constituencies were settled on 02.11.2024.

(iii) The election was to be held on 21.11.2024 and 22.11.2024

(iv) The elections were not conducted as per the schedule.

(v) Impugned communication dated 04.11.2024 was issued and election was deferred for 16th and 17th December, 2024.

(vi) The first petition was filed seeking directions that compliance of Rule 12(b) of 2018 Rules be made. The first petition was decided on 07.11.2024 with the

directions that the explanation given to the Cooperative Election Guidelines, 2024 is clear. It gives overriding effect to the 2018 Rules.

(vii) It is, thereafter, Rules have been amended by Notification dated 12.12.2024.

10. It may be apt to reproduce Rule 12(b) of 2018

Rules, pre and post amendment. They are as follows:-

          Column -1                         Column -2
         Existing Rule           Rule as hereby Substituted
(b) In case of Agricultural      (b)   In case of Agricultural
Credit Society, only those       Credit Society, only those
members shall be included        members shall be included
in the Voters list by whom       in the Voters list by whom
transactions    have    been     transactions have been done
done with the society 45         with the society 45 days
days before the date of          before the date of Election at
Election at least in any year    least in any year during the
during the previous three        previous three Co-operative
Co-operative years:              years:

                                    Provided that in case of
                                 all new members enrolled
                                 three years prior to the
                                 commencement          of   this
                                 amendment         rules,    the
                                 provisions of clause (b) shall
                                 not be applicable, from the
                                 date of their enrollment as
                                 member           for        the
                                 consideration of first election
                                 only and thereafter shall be
                                 applicable for every election.


   Provided that in case of     Provided further that in

the societies, where general case of the societies, where body is constituted by general body is constituted individual members and by individual members and

the delegates of the the delegates of the societies, societies, or only by the or only by the delegates of delegates of the societies, the societies, the voters list the voters list shall be shall be prepared under rule prepared under rule 85 85 under Co-operative rules under Co-operative rules and the voters list so and the voters list so prepared shall be called the prepared shall be called the provisional voter list which provisional voter list which shall bear the signature and shall bear the signature seal of the Secretary or the and seal of the Secretary or Managing Director:

the Managing Director:

Provided further that Provided further that the the delegates of such delegates of such societies societies which are under which are under winding up winding up or which have or which have been been suspended or suspended or superseded superseded due to non- due to non-election of the election of the Committee of Committee of Management, Management, shall not be shall not be included in the included in the Voters list. Voters list.

11. When the changed Rules were notified on

12.12.2024, the petitioner has filed an amendment

application seeking mandamus declaring the proviso to

Rule 12(b) of 2018 Rules as illegal, irregular and

unconstitutional amounting to interference in the election

process, once the same has already been commenced.

12. A bare perusal of above Rule 12(b) of 2018

Rules makes it abundantly clear that initially the voter

rights were limited to such members by whom

transactions have been done with the society 45 days

before the date of election, at least in any year during the

previous three cooperative years. But, by adding proviso

to it, it has been tried to be diluted. The voter list is

expanded by adding the proviso and this expansion of

voters list was not done before commencement of the

election, but after notification of the election on

12.09.2024, when the process was already underway.

13. It is true that the election process should not

be interfered with in midway in normal circumstances,

but here, the respondents have interfered with the

election process midway and the interference is not on

any small issue, but by such amendment the voters have

been expanded.

14. Earlier also apprehension was raised by the

petitioner in the first petition. At that stage, it was

observed that the Cooperative Election Guidelines, 2024

issued by the respondents shall be governed by its

explanation and Rule 12(b) of 2018 Rules shall have an

overriding effect.

15. The respondents did not stop. Strangely,

the Chairman of the Cooperative Election Authority

deferred the election by forwarding a proposal for

amendment in Rule 12(b) of 2018 Rules. The operation of

the impugned communication dated 04.11.2024 was

stayed by the Court on 13.12.2024. On that date, it was

not told by the State that any amendment has already

been carried out.

16. The apprehension which the petitioner had

raised in the first petition has turned out to be true. After

commencement of the election process, the respondents

had interfered in it and tried to widen the horizon of

voters by amending Rule 12(b) of 2018 Rules. Therefore,

under such exceptional circumstances, this Court has no

other option, but to pass an interim order. This is a

situation which warrants interference of the Court.

17. The respondents may conduct election in

accordance with all the existing Rules except the

amendment that has been incorporated in Rule 12(b) of

2018 Rules as notified in the official Gazette on

12.12.2024.

18. Stay Application (IA) No.2 of 2025 stands

disposed of accordingly.

19. The respondents shall file counter affidavit

within two weeks.