High CourtsDivision Bench(2017) 09 DEL CK 0260

Rakesh Kumar Pachori vs Union Of India And Ors

Delhi High Court · Decided on 20 September 2017

HON’BLE JUDGES
Hima Kohli, J · Deepa Sharma, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 8403 Of 2017, Civil Miscellaneous Application No. 34581-34582 Of 2017

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Judgment

12 paragraphs · 237 words
1.

The present petition has been filed by the petitioner who claims to be a member of respondent No.4/Kendriya Bhandar praying inter alia for issuing

directions to the respondent No.2/Central Registrar of Cooperative Societies and the respondent No.3/Returning Officer to declare the election of the

respondents No.5-11 to the post of delegates of respondent No.4/Kendriya Bhandar, as null and void, for violation of Section 43(2)(a) of the Multistate

Cooperative Society Act, 2002 read with the relevant Byelaws of the respondent No.4/Kendriya Bhandar.

2.

At the outset, learned counsel for the petitioner has been requested to address this Court on the maintainability of the present petition, particularly

since an equally alternate efficacious remedy under Section 84 of Multistate Cooperative Society Act, 2002 is available.

3.

Though learned counsel for the petitioner does not deny the availability of the alternate forum under the Statute, he states that if the petitioner

approaches the Registrar, Multistate Cooperative Society and raises a dispute before him with regard to the the election of respondent No.5-11 as

delegates of respondent No.4, it may take a long time for adjudication. The aforesaid explanation cannot be a justification for the petitioner to bypass

the remedy provided under the Statute. We decline to entertain the present petition.

4.

The petition is disposed of with liberty granted to the petitioner to seek his remedies under the Multistate Cooperative Society Act, 2002 by raising a

dispute before the Registrar.