Sukhwant Singh vs Indergarh Multi Purpose Coop. Agr. And ...
2024 Latest Caselaw 19206 P&H

Punjab-Haryana High Court

Sukhwant Singh vs Indergarh Multi Purpose Coop. Agr. And ... on 23 October, 2024

Author: Suvir Sehgal

Bench: Suvir Sehgal

                               Neutral Citation No:=2024:PHHC:138790

CWP-19793-2024



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116

       IN THE HIGH COURT OF PUNJAB AND HARYANA
           AT CHANDIGARH


                                       CWP-19793-2024
                                       Date of decision:-23.10.2024

Sukhwant Singh


                                                              ...Petitioner
                   Versus



Indergarh Multi-Purpose Co-operative Agriculture Service Society and
others


                                                           ...Respondents


CORAM : HON'BLE MR. JUSTICE SUVIR SEHGAL


Present : Mr.Balbir Kumar Saini, Advocate
          for petitioner.


            ****

SUVIR SEHGAL, J.(ORAL)

1. This writ petition has been filed under Articles 226/227 of

the Constitution of India, inter alia, for setting aside the order dated

19.04.2024, Annexure P10, passed by respondent No.7, whereby a

petition filed by the petitioner challenging the election of respondents

No.9 to 19 has been dismissed. It has been further prayed that the result

of the elections held on 18.12.2020 be set aside and the elections be held

afresh in accordance with law.

2. At the outset, counsel for the petitioner has been confronted

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CWP-19793-2024

with the maintainability of the writ petition in view of the alternative

remedy available to the petitioner under the Punjab Cooperative

Societies Act, 1961 (for short "the 1961 Act").

3. Counsel for the petitioner has placed reliance upon a

judgment of Coordinate Bench of this Court in Gurnam Singh and

others Versus Assistant Registrar Co-operative Societies, Rajpura and

others, 1973 PLJ 566, to submit that the writ petition is maintainable.

4. I have heard counsel for the petitioner and considered his

submissions.

5. It cannot be disputed that the petitioner had filed a petition,

Annexure P7, under Section 55 (2) (c) of the 1961 Act, which has been

transferred under Section 56 of the 1961 Act to the Deputy Registrar,

Cooperative Societies, Faridkot - respondent No.3 for disposal. The

petition was decided vide impugned order, Annexure P10. By virtue of

Sub-Section 1 Clause (h) of Section 68, any decision or award made

under Section 56 of 1961 Act can be challenged by way of an appeal

filed under Section 68 of the 1961 Act. Petitioner for reasons best

known to him has not availed the statutory remedy. The judgment upon

which reliance has been placed is not applicable to the facts of the

present case.

6. At this stage, counsel for the petitioner seeks and is granted

permission to withdraw the writ petition with liberty to take recourse to

the alternative statutory remedy available to the petitioner in accordance

with law.

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7. Dismissed as withdrawn with liberty as aforesaid. In case,

the petitioner avails the remedy available to him under the 1961 Act

within a period of two weeks from today, the competent authority shall

hear his appeal and decide it on merits.

                                                (SUVIR SEHGAL)
23.10.2024                                         JUDGE
Brij

Whether reasoned/speaking :              Yes/No
Whether reportable        :              Yes/No




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