THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT APPEAL Nos.21 and 22 of 2021
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant/respondent No.4 is aggrieved by the direction
issued by the learned Single Judge in I.As.No.1 and 2 of 2020 in W.P.No.21795 of 2020 and in I.As.No.1 and 2 of 2020 in W.P.No.23976 of 2020, as specified in the operative para 42(vi) of the impugned common order dated 08.01.2021, whereunder it has been directed as under:-
"vi) Until further orders, the newly elected Directors are directed not to take policy decisions affecting the affairs of the society and the bank, including dealing with the funds of the society except for attending to day to day needs of the Society and the Bank and payment of salaries and allowances of the staff."
2. Mr. S. Ravi, learned Senior Advocate appearing for the appellant/Bank submits that the writ petitions itself are misconceived, inasmuch as the appellant/Bank, being a Multi-State Co-operative Society, is governed by the Multi-State Co-operative Societies Act, 2002 (for short 'the Act') and any dispute arising in connection with the election of any officer of a Multi-State Co-operative Society, like the appellant/Bank herein, would be governed under Section 84(2)(c) of the Act and ought to be referred to arbitration. Therefore, the writ petitions itself are not maintainable. He submits that since the result of the elections of the appellant/Bank were declared on 09.01.2021 and the learned Single Judge has refused to interdict the results of the elections, the members elected to the Board of Directors of the appellant/Bank have already been declared and it ought to be left to the Board of Directors to run the affairs of the Society, including taking any policy decisions. It is submitted that even otherwise, the day to day needs of the Society and the Bank would include several aspects as have been specified in the statement enclosed with W.A.No.21 of 2021 at page 118.
3. On enquiring from learned Senior Advocate as to what is the next date of hearing in the writ petitions, we are informed that the matter is listed on 09.02.2021. If the appellant/Bank is of the opinion that the day to day activities of the Bank include those listed at serial Nos.1 to 21 of the statement enclosed with W.A.No.21 of 2021 at page 118, liberty is granted to the appellant/Bank to move an appropriate application before the learned Single Judge for seeking necessary clarification in respect of para 42 (vi) of the impugned common order.
4. The present appeals are disposed of along with the pending applications, if any.
______________________________ HIMA KOHLI, CJ [[[ ______________________________ B. VIJAYSEN REDDY, J 21.01.2021 vs/jsu/pln