Uttarakhand High Court
Davander Singh vs 2 on 3 August, 2026
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
UKHC010132742026
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HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE SRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition No. 2290 of 2026 (MS)
Davander Singh --Petitioner
Versus
State of Uttarakhand and others -Respondents
Advocates: Mr. B.D. Upadhyaya, Senior Advocate, assisted by Mr. Tushar
Upadhyayay, Advocate for the petitioner
Mr. Yogesh Pandey, Deputy Advocate General for the State/ respondent
Nos. 1 and 2.
Mr. Sandeep Kothari, Advocate for respondent No. 3/Cooperative
Election Authority.
Mr. Gopal Verma, Advocate for Kashipur Urban Cooperative
Bank/respondent No. 4
With
Writ Petition No. 2293 of 2026 (MS)
Committee of Management Almora Urban
Co-operative Bank Limited --Petitioner
Versus
State of Uttarakhand and others -Respondents
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Advocates: Mr. D.S. Patni, Senior Advocate assisted by Mr. Siddhant Manral,
Advocate for the petitioner.
Mr. Yogesh Pandey, Deputy Advocate General for the State/
respondent Nos. 1, 2, 3 and 6.
Mr. Sandeep Kothari, Advocate for respondent Nos. 4 and 5.
Mr. Ashish Joshi, Advocate for Reserve Bank of India
----------------------------------------------------------------------
JUDGMENT
Since common questions of law and fact are
involved in these petitions, therefore they are heard
together and are being decided by a common judgment.
However, for the sake of brevity, facts of Writ Petition No.
2290 of 2026 (MS) alone are being discussed and
considered.
2. Petitioner in Writ Petition No. 2290 of 2026 (MS) is
holding the position of Director in Kashipur Urban Co-
operative Bank Limited, which is a Primary Co-operative
Bank under Section 2(L-2) of Uttarakhand Co-operative
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Societies Act, 2003 (hereinafter referred to as the Act).
3. Writ Petition No. 2293 of 2026 is filed by Committee
of Management of Almora Urban Co-operative Bank
Limited which too is a Primary Cooperative Bank under
Section 2(L-2) of the Act.
4. According to petitioners, Committee of Management
of both the banks was elected for a term of five years in
the month of August, 2021, therefore, the term of their
Committee of Management would expire on 25.08.2026
and 23.08.2026 respectively.
5. According to the petitioners, election process for re-
constituting Committee of Management of Kashipur
Urban Cooperative Bank was initiated in terms of Section
29(3) of the Act vide notification dated 02.07.2026. The
election process was suspended by Co-operative Election
Authority (respondent No. 3) vide order dated
20.07.2026. Thus feeling aggrieved, petitioners have
approached this Court seeking the following reliefs:
“i. Issue a writ or direction in the nature of certiorari
quashing the impugned order dated 20.07.2026 passed by
the Respondent No. 3. (Annexure-1). [Page No. 21-23′ii. Issue a writ or direction in the nature of mandamus
directing the respondents not to give an effect the impugned
order dated 20.07.2026. (Annexure-1). [Page No. 21-23]iii. Issue a writ or direction in the nature of mandamus
directing the respondent no. 3 to conduct the election of the
general body of the Respondent No. 4-Kashipur Urban
Cooperative Bank Ltd. as per the scheduled dates already
issued by the respondents.”
6. The impugned order is on record as Annexure-1 to
the writ petition, which relies upon letter dated
14.07.2026 issued by Registrar, Co-operative Societies,
for suspending the election process. Registrar’s letter
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dated 14.07.2026 refers to Amendment Directions, 2026
issued by Reserve Bank of India and a query raised by
Ex-Chairman, Nainital District Co-operative Bank Limited
regarding the date from which Amendment Directions,
2026 would be applicable.
7. It is contended by learned counsel for the
petitioners that Article 243ZK(1) of the Constitution of
India requires that election for re-constituting governing
body of a Co-operative society has to be conducted
before expiry of its term to ensure that the elected
members assume charge of office immediately upon
expiry of term of office of the outgoing members of the
governing body.
8. It is further contended that election process once
initiated, cannot be suspended without valid reason;
Registrar’s letter dated 14.07.2026 was regarding District
Co-operative Banks only, which have different status
altogether as they are Central Co-operative Societies.
Therefore, election process for Urban Co-operative Bank
could not have been stalled based on that letter.
9. Mr. Yogesh Pandey, learned Deputy Advocate
General, appearing for the State/Registrar, Co-operative
Societies as well as learned counsel appearing for Co-
operative Election Authority (respondent No. 3) were
given time to get instructions in the matter vide order
dated 31.07.2026.
10. Mr. Sandeep Kothari, learned counsel appearing for
respondent No. 3 submits that the decision to suspend
the election process was taken by respondent No. 3 in
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view of request made by Registrar, Cooperative Societies,
vide letters dated 14.07.2026 and 28.07.2026. He further
submits that the impugned decision taken by respondent
No. 3 on 20.07.2026 is referable to Rule 63 of
Uttarakhand State Cooperative Societies Election Rules,
2018, which enables Respondent No. 3 to take decision.
11. Mr. Yogesh Pandey, learned Deputy Advocate
General appearing for the State/Registrar, Cooperative
Societies has produced in Court written instructions dated
01.08.2026 received from Registrar, Cooperative
Societies, which are taken on record. Registry is directed
to paginate the written instructions. Para 7 of the written
instructions is reproduced below:
“7. That it is pertinent to mention that, notwithstanding the
fact that the aforesaid request was limited exclusively to the
District Co-operative Banks, the Co-operative Election
Authority, vide its Order dated 20 July 2026 (copy enclosed
at Anneuxre-7), extended similar directions to the election
processes of Almora Urban Co-operative Bank and Kashipur
Urban Co-operative Bank, despite no such request having
been made in respect of the said Urban Co-operative Banks.”
12. Learned State Counsel further submits that Reserve
Bank of India issued Amendment Directions, 2026 vide
letter dated 25.05.2026, providing that Director of a
Rural Co-operative Bank shall not be eligible to be
reappointed after completing continuous tenure of ten
years in office without undergoing a minimum cooling-off
period of three years.
13. He submits that letter dated 14.07.2026 was issued
by Registrar, Co-operative Societies in view of a query
raised by Ex-Chairman of a District Co-operative Bank
regarding the date from which 10 years period provided
in the RBI Amendment Directions, would be counted. He
thus submits that election for reconstituting Committee of
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Management of Urban Co-operative Banks was not in
issue and Registrar’s request was only regarding District
Co-operative Banks.
14. He submits that since legal opinion was needed to
address the query, therefore respondent No. 3 was
requested to suspend the election process for two weeks
only in respect of District Co-operative Banks. He submits
that subsequent letter dated 28.07.2026, issued by
Registrar to Chairman, Co-operative Election Authority
was also in respect of District Co-operative Banks only
and there is no reference to Urban Co-operative Banks in
the said letter. Learned State Counsel thus submits
Registrar never requested the Co-operative Election
Authority to suspend the election process in respect of
Urban Co-operative Banks.
15. Learned State Counsel submitted that in
Uttarakhand, a person is not eligible for re-election if has
held any post in Committee of Management for two
continuous tenures in a Co-operative Society and he will
have to undergo cooling-off period of 5 years before
contesting election. He drew attention of this Court to
Rule 470-A of Uttarakhand Co-operative Societies Rules,
2004, as amended in 2024, which is reproduced below:
In the principal Rules, after Rule 470 following Rule 470-A
shall be inserted as follows, namely:-
470-A. (1) No person shall be eligible for election, co-
option or nomination in any Committee of Management
of any co-operative society, if he has held any post in
Committee of Management for two continuous tenures
in that society:
Provided that the period for any person who has
held post as member of Committee of Management
constituted under rule 426 or rule 460 or rule 461 or
clause (a) of sub-section (3) of Section 35 shall not be
counted for period prescribed under this rule5
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Explanation: Where any person who is holding post of
member of Committee of Management of any co-
operative society on the commencement of this rules
and where he is again elected, co-opted or nominated
on that post than it shall be deemed that he was
holding that post for one tenure before such election,
co-option or nomination.
(2) Any person who has not assumed any post
for at least five continuous co-operative years (i.e. if he
was not member of Committee of management of any
co-operative society) shall become eligible for election,
co-option on nomination for member of Committee of
Management of that society.”
16. Learned Deputy Advocate General appearing for
Respondent Nos. 1 and 2 submits that since there is
already a provision in Uttarakhand Co-operative Societies
Rules, 2004 that a person would become ineligible for
election, co-option or nomination in any Committee of
Management of a Co-operative Society after holding any
post for two consecutive tenures and he would become
eligible for re-election, co-option or nomination as
member of Committee of Management only after
undergoing a minimum cooling-off period of five years,
therefore, the law governing Co-operative societies in
Uttarakhand is in conformity with RBI Amendment
Directions, 2026 and in fact, Uttarakhand Co-operative
Societies Rules, 2004 contains a more stringent
provision, inasmuch as it provides cooling-off period of 5
years as against 3 years provided by Reserve Bank of
India.
17. Learned Senior Counsel appearing for petitioner
submits that since election for reconstituting Committee
of Management of Urban Cooperative Banks in
Uttarakhand is held as per Uttarakhand Co-operative
Societies Rules, 2004 therefore in view of provision
contained in Rule 470A, possibility of re-election of a
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person who has completed continuous tenure of 10 years
as Director, is completely ruled out. Thus there was no
reason or justification whatsoever for suspending the
ongoing election process in respect of Urban Co-operative
Banks. He thus contends that impugned order dated
20.07.2026 was issued with total non application of mind
and for extraneous reasons.
18. Mr. Ashish Joshi, learned counsel appearing for
Reserve Bank of India submits that provision contained in
Rule 470-A of Uttarakhand Co-operative Societies Rules,
2004 is in line with Amendment Directions, 2026 issued
by Reserve Bank of India and it rules out possibility of re-
election of a Director, who has held the office for two
consecutive terms, without undergoing cooling-off period
of 5 years.
19. From the aforesaid discussion, it is apparent that
Registrar, Co-operative Societies never requested the
Cooperative Election Authority (respondent No. 3) for
suspending ongoing election process in respect of Urban
Co-operative Banks. In view of the query raised by
Chairman of a District Co-operative Bank, Registrar
requested respondent No. 3 to keep the election process
on hold, qua District Co-operative Banks, till legal opinion
is received or for a period of two weeks, whichever is
earlier.
20. In view of above discussion, this Court finds force in
the contention raised on behalf of the petitioners that
suspension of election process in respect of Urban Co-
operative Banks, vide order dated 20.07.2026, is without
any reason or justification whatsoever. Thus the
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impugned order dated 20.07.2026 is liable to be set aside
and is hereby set aside. Writ petitions are allowed.
21. Respondent No. 3 is directed to notify election
programme and also appoint the Election Officer within
72 hours.
22. Mr. Sandeep Kothari, learned counsel appearing for
respondent No. 3 undertakes to inform respondent No. 3
about this order during the course of the day.
_______________________________
MANOJ KUMAR TIWARI, J.
Dt: 03.08.2026
Mahinder
MAHINDER SINGH
Digitally signed by MAHINDER SINGH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001,
st=UTTARAKHAND,
serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER
SINGH
Date: 2026.08.04 18:21:30 +05’30’
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