Allahabad High Court
Ajit Singh Negi vs State Of U.P. And 2 Others on 28 April, 2022
Bench: Manoj Kumar Gupta, Dinesh Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 21 Case :- WRIT - C No. - 11327 of 2022 Petitioner :- Ajit Singh Negi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gautam Kumar Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J.
Hon'ble Dinesh Pathak,J.
The instant writ petition has been filed praying for a mandamus commanding the respondents to suspend the existing management committee of the society and appoint Arbitrator in pursuance of the enquiry reports dated 23.2.2018 and 23.12.2020.
The facts, in brief, relevant for the purposes of deciding the instant petition are that the petitioner claims himself to be a member of Uttaranchal Jan Kalyan Sehkari Samiti Ltd. registered under UP Co-operative Society Act, 1965 (in short, 'the Act'). The petitioner alleges that the Managing Committee of the society in its meeting held on 20.2.2011 passed a proposal for sale of certain land to the colonizers. It is also the case of the petitioner that the said decision was illegal and consequently, an enquiry was held and in the enquiry, one of the recommendation was that the alleged illegal actions of the society can be investigated by Arbitrator under Section 70 of the Act. On the basis of the said recommendation, the instant writ petition has been filed.
Section 70 of the Act contemplates reference of certain dispute to the Arbitrator. The dispute could be in relation to constitution, management or the business of a co-operative society. The petitioner in his complaint (Annexure No. 8) has raised certain membership dispute and has alleged that certain persons have wrongly not been made members and it requires an independent enquiry. He has also alleged that some money has been refunded to non-members, which also requires to be investigated. The complaint is in nature of E-mail and it is not clear as to whom it is addressed to. Even in the writ petition, the said fact has not been disclosed.
In our opinion, in case, the petitioner has any grievance, which comes within the purview of Section 70 of the Act, it is open to him to bring the same to the notice of the concerned respondent so that the dispute is referred for arbitration in accordance with law. In the instant case, since the co-operative society has not been arrayed as party (respondent), therefore, it would not be proper to delve deeper into the issues.
We may note, at this stage, that if the petitioner has any grievance in relation to any resolution passed by the co-operative society, he also has remedy under Section 128 of the Act before the Registrar, who is vested with power to annul any resolution if it is in contravention of the rules and policies of the society.
Having regard to the above, we dispose of the writ petition with above liberty reserved in favour of the petitioner.
(Dinesh Pathak,J.) (Manoj Kumar Gupta,J.) Order Date :- 28.4.2022 vinay