MECHANICAL DEPARTMENT PRIMARY CO-OPERATIVE BANK Vs. CENTRAL REGISTRAR OF CO-OPERATIVE SOCIETIES & ORS

JUDGEMENT

(1.) The petitioner assails the order dated 5th January, 2015 passed whereby in purported exercise of the power vested in it under Section 84 of the Multistate Cooperative Societies Act, 2002 (hereinafter referred to as 'the Act'), the respondent No.1 has appointed an Arbitrator to go into the disputes raised by the respondent No.2 on a representation dated 14th November, 2013 with regard to the elections of the representatives of the General Board & Members of the Board of Directors and its office bearers being President and Vice President of the petitioner-society.

(2.) The petitioner is admittedly a society registered under the Multistate Cooperative Societies Act, 2002 and governed by the provisions thereto. In terms of Section 45 of the statute governing elections of the members of the Board, an election officer was appointed to conduct elections. A notification dated 23rd July, 2013 was issued by the Election Officer notifying the schedule of the elections of the members of the representatives of the General Board (RGB hereafter); the Board of Directors and that of its office bearers, the President and the Vice President. These elections were conducted on the dates specified in the said notice.

(3.) The elections to the post of representatives of General Board were conducted and results declared on 23rd September, 2013. The results to the election for the Board of Directors were declared on 18th October, 2013, whereas elections to the post of President and Vice President were conducted and result declared on 19th October, 2013. In terms of the results of the elections, the new Board of Directors and its office bearers had taken over and are stated to be duly managing the affairs of the petitioner-society.