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2014 DIGILAW 1199 (MP)

Rechal Kushwah v. Deputy Registrar Cooperative Societies

2014-09-24

S.K.GANGELE, S.K.PALO

body2014
JUDGMENT 1.Heard. 2. The appellants have filed this appeal against the order dated 26.11.2013 passed in W.P. No. 2195/2013. The Writ Court dismissed the writ petition on the ground that the appellants have statutory alternative remedy to raise their grievance. 3. The grievance of the appellants is that their membership has been terminated by the authority of the Cooperative Society without any notice or procedure mentioned under the M.P. Co-operative Societies Act, 1960 (hereinafter referred to as Act of 1960). 4. Learned counsel appearing on behalf of the appellant has contended that the appellants have fundamental right to be a member of the Cooperative Society, which is registered under the Act of 1960. It is further submitted by the counsel that holding the elections of the Society is arbitrary and illegal. In support of his contentions, learned counsel relied on the following judgments :- (i) Jayrajbhaj Jayantibhai Patel Vs. Anilbhai Nathubhai Patel, (2006) 8 SCC 200 (ii) Damyanti Naranga Vs. Union of India, 1971 (1) SCC 678 5. The appellants are 87 in numbers. The grievance of the appellants is in regard to termination of their membership, however, the elections of the society have already been held and office bearers are being elected. Some new members were inducted by the Society. The appellants did not raise objection in regard to election. It has to be decided after hearing of the parties that whether there was violation of any rule or the membership of the appellants was rejected properly or not. 6. However, it is a fact that the voter list was published and thereafter the appellants did not raise the objection. In such circumstances, in our opinion, the writ court has rightly held that the appellants have a remedy of raising the dispute under Section 64 of the Act of 1960. 7. In this view of the matter, in our opinion, the order passed by the Writ Court is in accordance with law. Consequently, we do not find any merit in this appeal. It is hereby dismissed. No order as to costs.