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2012 DIGILAW 2462 (ALL)

B/D, Fertilizer Nigam Vetan Bhogi Sehkari Samiti Ltd. v. Joint Registrar, Cooperative Societies

2012-10-16

HET SINGH YADAV, SATYA POOT MEHROTRA

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JUDGMENT The present Writ Petition has been filed by the Board of Directors, Fertilizer Nigam Vetan Bhogi Sehkari Samiti Ltd., Gorakhpur through its Chairman Ranjit Singh, inter-alia, praying for quashing the Order dated 2.6.2012 (Annexure 6 to the Writ Petition) passed by the Joint Registrar, Cooperative Societies, U.P., Goraknpur Region, Gorakhpur (respondent no.1). 2. It appears that Fertilizer Nigam Vetan Bhogi Sahkari Samiti Ltd., Goraknpur is a cooperative society and is managed by the Board of Directors/ Committee of Management. 3. By the Order dated 4th February, 2012 (Annexure 4 to the Writ Petition) passed under sub-section (2) of Section 35 of the U.P. Cooperative Societies Act, 1965 (in short the "Act"), the Board of Directors of the Cooperative Society in question was suspended. 4. Thereafter, by the Order dated 2nd June, 2012 (Annexure 6 to the Writ Petition) passed by the respondent no.1 under sub-section (1) of Section 35 of the Act, the Board of Directors of the Cooperative Society in question was superseded. 5. The Board of Directors through its Chairman (petitioner), has thereupon filed the present Writ Petition under Article 226 of the Constitution of India seeking the reliefs, as mentioned above. 6. We have heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent nos. 1 and 2. 7. Learned Standing Counsel appearing for the respondent nos. 1 and 2 has raised a preliminary objection that against the said Order dated 2nd June, 2012, whereby the Board of Directors of the Cooperative Society in question has been superseded, the petitioner has got an alternative remedy of filing Appeal before the Cooperative Tribunal under Section 98 of the Act. 8. Sub-section (1) of Section 98 of the Act, inter-alia, provides that the aggrieved party may prefer appeal against the order, decision or award mentioned in clauses (a) to (n) of the said sub-section (1) before the authorities mentioned in sub-section (2) of Section 98 of the Act. 9. Clause (e) of sub-section (1) of Section 98 of the Act provides that an Appeal against an order of Registrar superseding the Committee of Management of a Cooperative Society under Section 35 of the Act, may be preferred by the aggrieved party to the authority mentioned in sub-section (2) of Section 98 of the Act. 9. Clause (e) of sub-section (1) of Section 98 of the Act provides that an Appeal against an order of Registrar superseding the Committee of Management of a Cooperative Society under Section 35 of the Act, may be preferred by the aggrieved party to the authority mentioned in sub-section (2) of Section 98 of the Act. Such authority would be Tribunal, i.e., Cooperative Tribunal constituted under Section 96 of the Act [See Section 2 (u) of the Act]. 10. It is, thus, evident that the petitioner has got an alternative remedy of filing Appeal before the Cooperative Tribunal against the Order dated 2nd June, 2012. 11. In the circumstances, we are not inclined to exercise our Writ Jurisdiction under Article 226 of the Constitution of India. 12. The Writ Petition filed by the petitioner is liable to be dismissed on the ground of availability of alternative remedy to the petitioner, and the same is accordingly, dismissed on the said ground.