The Supreme Court Dismissed The Writ Petition For Resolution Of Dispute In Connection With Election To The Managing Committee Of Any Society, Not come under the jurisdiction of Article 226 Of The Constitution Of India.
TITLE:
DECIDED: 2nd NOV, 2023
+W.P(c)no.: 34804/2023
CORAM: HON’BLE JUSTICE N.NAGARESH
INTRODUCTION
The Supreme court dismisses a writ petition stating that the court do not resolve the dispute in connection with the election of Managing Committee of any society as the court is not a fit case to extraordinary jurisdiction under Article 226 of The Constitution of India.
FACTS
The case is regarding the acceptance of nominations of names for election of Managing Committee in the Bank of the primary co-operative Agricultural and Rural Development Bank,Thiruvalla.As the bank put notification for election to the Managing Committee which was published and the polling was scheduled to be held on 03/11/2023. Whereas around 30 names were nominated and after scrutiny the Returning Officer published total 28 names as the final list.The petitioner has filed a writ petition seeking to call the acceptance of nominations of Respondent 1 to 9 by issuing a writ quashing the acceptance of their nomination name for the election of Managing Committee as the petitioners states that the information given by the secratary and the acceptance by the Returning officer for the nomination of name of Respondent 1 to 9 is illigal and is an improper exercise of power.Whereas the respondent 1 to 9 resisted the writ petition filing counter affidavit stating that the writ petition itself is not maintanable as the petitioners have an efficacious alternative remedy to approach the co-operative Arbitration court under section 69 of the Kerala co-operative societies Act for the redressal of their grievance.
THE COURT ANALYSIS AND DECISION
The Hon’ble court analysis that the allegations made by the petitioners in the writ petition are disputed questions of fact. The court Held that where section 69 of the Kerala co-operative societies Act 1969 specifically provides a remedy for resolution of dispute in connection with election to the Managing Committee of any society,such dispute have to be called in question under Section 69 of The Kerala co-operative societies Act 1969.The court find that this is not a fit case to exercise the extraordinary jurisdiction under Article 226 of The Constitution of India.The writ petition is therefore dismissed.
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