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J&K High Court · body

2017 DIGILAW 684 (JK)

Pawan Dev Singh v. State

2017-08-19

B.S.WALIA

body2017
JUDGMENT : 1. Challenge in the instant writ petition is to conduct of election in violation of Rule 25(1)(e) read with Rule 18(ff) and (fff) of the Cooperative Societies Rules, 2001 (for short ‘Rules’). 2. Learned counsel for respondent No.4 contends that in case of dispute in connection with the election to any office of the Society, appropriate remedy lies under section 70 of the J&K Cooperative Societies Act, 1989 (for short ‘Act’. Section 70 of the Act is reproduced here under: 70. Dispute which may be referred to arbitration (1) Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management or the business of a cooperative society arises- (a) among members, past members and persons claiming through a member, past member or deceased member and sureties of members, past members or deceased whether such sureties are members or non-members; or (b) between any member, past members or persons claiming through a member, past members or deceased member, or sureties of members, past members or deceased members and the society, its committee or any officer, agent or employee of this society; or (c) between the society or its committee and any past committee, any officer, agent or employee, or any past officer, past agent or past employee or the nominee, heirs or legal representative of any deceased officer, deceased agent or deceased employee of the society; or (d) between the society and any other cooperative society, such disputes shall be referred to the Registrar for decision and no court shall have jurisdiction to entertain any suit or other proceeding in respect of such disputes. (2) For the purposes of sub section (1) the following shall be deemed to be dispute touching the constitution, management or the business of a cooperative society, namely:- (a) a claim by the society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not; (b) a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor as a result of the default of the principal debtor whether such debt or demand is admitted or not; (c) any dispute arising in connection with the election of any office of the society; (d) the question whether a person is or was member of cooperative society or not. (3) If any question whether a dispute refereed to the Registrar under this section is or not a dispute touching the constitution, management or the business of a cooperative society, the decision thereon of the Registrar shall be final and shall not be called in question in any court. 3. A perusal of Section 70 (1)(b) read with Section 70(2)(c) of the Act ibid reveals that if any dispute touching the constitution, management or the business of a cooperative society arises between any member, past members or persons claiming through a member, past members or deceased member and the society, its committee or any officer, agent or employee of this society, such dispute is to be referred to the Registrar for decision and no court shall have jurisdiction to entertain any suit or other proceedings in respect of such suit while section 70(2)(c)lays down that for the purposes of Section 70(1), the dispute arising in connection with the election of any office of the society is a dispute which shall be deemed to be touching the constitution, management or the business of a cooperative society. 4. Learned counsel for respondent No.4 contends that despite the availability of remedy of reference of the dispute for arbitration under section 70 of the Act ibid, the petitioner has concealed the aforesaid aspect of the matter by not mentioning the same in paragraph 15 of the writ petition. 5. 4. Learned counsel for respondent No.4 contends that despite the availability of remedy of reference of the dispute for arbitration under section 70 of the Act ibid, the petitioner has concealed the aforesaid aspect of the matter by not mentioning the same in paragraph 15 of the writ petition. 5. In the light of the position as noted above, the petitioner is relegated to avail of his remedy in terms of Section 70(1) (b) read with Section 70(2)(c) of the Act ibid by seeking reference of the dispute to Arbitration. 6. Writ petition is disposed of in the aforementioned terms.