JAGJIT SINGH SANGWAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, claiming himself to be a director of Krishak Bharti Co-op. Ltd., New Delhi, has filed this petition seeking quashing of the resolution dated 20.4.95 passed by the Board of Directors of Indian Farmers Fertilizers Co-op. Ltd.(IFFCC), for short) followed by a direction restraining the respondents not to interfere in any manner with the petitioner's functioning as a director on the Board of Krishak Bharti Co-op.Ltd. (KRIBHCO, for short)- respondent No.3.

(2.) KRIBHCO and IFFCO are both multi state co-op. Societies incorporated under and governed by the provisions of the Multi State Co-operative Societies Act, 1984 (hereinafter 'the Act', for short). According to the petitioner he was nominated by the respondent No.2 by resolution dated 6.7.94 on the Board of Directors of KRIBHCO in terms of bye-laws No.37 and 38. The term of the nomination was for three years and would come to an end only in December, 1997. However, the petitioner's term as Director on the Board of IFFCO expired on 29.3.95. He was then informed that his nomination on the Board of KRIBHCO has been superseded by the Board of Directors of IFFCO in its meeting No.215 dated 20th April, 1995.

(3.) The respondents have raised two preliminary objections to the maintainability of the petition. It is submitted that the dispute is one governed by Section 74 of the Act and hence is liable to be referred for decision to the Central Registrar and that being an alternate efficacious remedy available to the petitioner, the present petition does not lie. Secondly, it is submitted that what the petitioner is seeking is in substance enforcement of the bye-laws of the Cooperative Societies which bye-laws do not amount to "law" and hence a writ petition for enforcement of bye laws would not lie.