Narayan Singh and Another vs State of U.P.and Others

Het Singh Yadav, J.

Supplementary Affidavit has been filed today on behalf of the petitioner.

Let the same be placed on record.

The present Writ Petition has been filed, inter alia, praying for quashing the election of two Delegates in District Cooperative Federation, Mathura and six Delegates in Kray Vikray Sahkari Samiti Ltd. Maunt, Mathura by the result declared on 11.12.2012 by the Election Officer. Copy of the result dated 11.12.2012 has been Annexed as Annexure SA1 to the Supplementary Affidavit.

We have heard Sri K. N. Mishra, learned counsel for the petitioners and the learned Standing Counsel appearing for the Respondent Nos. 1 to 4.

Learned Standing Counsel appearing for the Respondent Nos. 1 to 4 has raised a preliminary objection that for challenging the election of the Delegates in the Cooperative Societies, the petitioners have got an alternative remedy of taking appropriate proceedings under Rule 444C of the U.P. Cooperative Societies Rules, 1968 framed under U.P. Cooperative Societies Act, 1965.

Sri K. N. Mishra, learned counsel for the petitioners submits that existence of alternative remedy is not an absolute bar and the Writ Petition may be entertained despite the existence of such alternative remedy.

Having considered the submissions made by the learned counsel for the parties, we are inclined to accept the preliminary objection raised by the learned Standing Counsel that the petitioners have got an alternative remedy of taking appropriate proceedings under Rule 444C of the U.P. Cooperative Societies Rules, 1968.

Rule 444C of the U.P. Cooperative Societies Rules, 1968 provides as under:

"444C. (1) The election in a cooperative society shall not be called in question either by arbitration or otherwise except on the ground that

(a) the election has not been a fair election by reasons that corrupt practice, bribery or undue influence has extensively prevailed at the election, or

(b) the result of the election has been materially affected

(i) by improper acceptance or rejection of any nomination, or

(ii) by improper reception, refusal or rejection of voters, or

(iii)by gross failure to comply with the provisions of the Act, the rules or the byelaws of the society.

Explanation. For the purpose of this rule corruption, bribery or undue influence shall have the meaning assigned to each under Section 123 of the Representation of the People Act, 1951.

(2) A dispute relating to election shall be preferred by the aggrieved party within fortyfive days of the declaration of the result."

Thus election in a Cooperative Society may be called in question by taking proceedings under the aforesaid Rule on the grounds mentioned in the said Rule.

The petitioners, thus, have an alternative remedy of taking proceedings under the aforesaid 444C for redressal of their alleged grievances as raised in the Writ Petition.

The Writ Petition is liable to be dismissed on the ground of availability of alternative remedy to the petitioners and the same is accordingly dismissed on the said ground.