Uma Nath Misra vs State of U.P. and Others

N.D. Ojha, J.—This writ petition is directed against the order removing the Petitioner from the membership of the Committee of Management of a co-operative society under Rule 454 of the U.P. Co-operative Societies Rules, 1968. Two points have been urged; firstly that Rule 454 is ultra vires the powers under Sections 130 of the U.P. Co-operative Societies Act and secondly that the order is bad for arbitrariness. In so far as the first point is concerned, there is no substance in it. Firstly, Sub-section (1) of Section 130 entitles the State Government to make rules to carry out the purposes of this Act. What has been laid down in Rule 454, in our opinion, comes within the terms ''carry out the purposes of this Act'' and secondly Clause (v) of Sub-section (2) of Section 130 which deals with the constitution of the Committee of Management also gives the State Government the necessary powers under which the provision such as contained in Rule 454 can be made. The submission that Rule 454 is ultra vires, therefore, has no substance.

In regard to the second point suffice it to say that even Rule 454 provides it that the person aggrieved by action taken under the said Rule may seek arbitration under the provisions of the Act and the Rules. Since an alternative remedy has been provided to challenge the impugned resolution of the society on merits, it is not a fit case for interference under Article 226 of the Constitution so far as the merits of the case are concerned. The writ petition accordingly fails and is dismissed.