NARENDER SINGH Vs. V. V. PANKAJAKSHAN

JUDGEMENT

(1.) The present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Arbitration Act") assails the order dated 31.07.2020 passed by the learned Single Judge rejecting the appellant's challenge under Section 34 of the Arbitration Act to the arbitral award dated 06.02.2020. Under the said award, the appellant's election to the Board of Directors of respondent no.2/society was set aside.

(2.) The appellant is a member of the Sonepat District Cooperative Labour & Construction Federation (hereinafter referred to as the "Sonepat Society") whereas the respondent No. 2/National Labour Cooperative Federation of India Limited (NLCFIL) is a multi-State cooperative society governed by the provisions of the Multi-State Cooperative Society Act, 2002 (hereinafter referred to as the "MSCS Act"). The Sonepat Society is a member of the NLCFIL.

(3.) On 29.05.2019, the respondent no. 3, who was appointed as the Returning Officer by the NLCFIL for conducting elections to its board of directors, issued a notice under Section 19 of the MSCS Act notifying the election program for conducting the said elections. The notice also directed eligible cooperative/multi-state cooperative societies, who were a part of the NLCFIL, to send in the names of the delegates whom they had nominated to represent them in the election, which was slated to be held on 12.07.2019. Subsequently, on 21.06.2019, NLCFIL released another list bearing the names of all its members under the Forest Labour Constituency and the Labour Contract/Constructions Constituency. The respondent no.1, who is the Chairperson of a cooperative society named Shree Sai Labour Contract Cooperative Society Limited - which is also a member of NLCFIL, raised various objections on 05.07.2019 and 11.07.2019 to the: (i) inclusion of certain societies in the member list of Forest Labour Constituency, and; (ii) the nomination of certain candidates/societies, including the appellant, for the election on the ground of ineligibility by virtue of Section 43(1)(m) and (n) of the MSCS Act. Although the objections of the respondent no.1 were received by the Ministry of Agriculture, Department of Agriculture & Cooperative Societies on 12.07.2019, i.e., the date on which the election was scheduled to be held, in which the appellant was duly elected, these objections were disposed of by the respondent no.2 Returning Officer on 12.07.2019 itself. As a result, the election was permitted to carry on as per the program.