Allahabad High Court Considers Cooperative Societies Act and Rules Relating to Elections

The Division Bench of Allahabad High Court comprising Justice Surya Prakash Kesarwani and Dr Yogendra Kumar Srivastava, in a dispute relating to the election of the Matsya Jivi Sahakari Limited, observed that a co-operative society cannot be called in question under writ jurisdiction of the High Court in light of the U.P. Co-operative Societies Rules, 1968 and the U.P. Co-operative Societies Act, 1965.

In the instant case, elections of the co-operative society in question were already held and the results thereof were also declared. The petition was filed to seek a direction to decide the petitioner’s claim with regard to election proceedings of a co-operative society namely Matsya Jivi Sahkari Limited.

Standing Counsel appearing for the State respondents drew the attention of this Court to the provisions under Section 70 of the Uttar Pradesh Co-operative Societies Act, 1965 and the proviso to sub-section (1) thereof and also to Rule 444-C (2) of the Uttar Pradesh Co-operative Societies Rules, 1968, to contend that once an election of a co-operative society has been held, the remedy available to the aggrieved party is by seeking a reference of the dispute to the Registrar.

Bench noted that the manner of settlement of disputes is provided under Chapter IX of the Act, 1965.

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