The Allahabad High Court has held that dispute related to election of co-operative society can be called in question under Rule 444-C (1) by a reference under Rule 40 of the Uttar Pradesh Cooperative Societies Act, 1965.
“Any grievance, complaint or dispute relating to the election proceedings of a cooperative society can be called in question on the grounds specified under subrule (1) of Rule 444C by applying for a reference by making an appropriate application under Section 70 of the Act, 1965."
The above observation has made by the Division Bench of Allahabad High Court comprised of Justice Surya Prakash Kesarwani and Justice Dr. Yogendra Kumar Srivastava while dealing with a petition filed by Matsya Jivi Sahkari Samiti Ltd. regarding the dispute in election of the Co-operative Society.
The Petitioner has file the present petition before the court to seeking a direction to decide the
claim of the petitioner with regard to election proceedings of a cooperative society namely, Matsya Jivi Sahkari Samiti Ltd., Village Karauta, Block Brahampur, District Gorakhpur.
The court while disposing of the present petitioner has state that complete mechanism with regard to settlement of disputes relating to election in a cooperative society having been provided for in the manner as given under subrule (1) of Rule 444C by applying for reference by making an appropriate application under Section 70 of the Uttar Pradesh Cooperative Societies Act, 1965. , we are not inclined to exercise our extraordinary jurisdiction under Article 226 of the Constitution.
The court has also stated that, it would be open to the petitioner to invoke the appropriate remedy, provided in terms of the statutory provisions under the Act, 1965 and the Rules made thereunder.
Case details:
Case : WRIT C No. 20203 of 2020
Petitioner : Matsya Jivi Sahkari Samiti Ltd.
Respondent : State Of U.P. And 6 Others
Counsel for Petitioner : Vijay Kumar
Counsel for Respondent : C.S.C., Sunil Kumar Singh
Quorum: Justice Surya Prakash Kesarwani and Justice Dr. Yogendra Kumar Srivastava
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