V VENKATESAN Vs. REGISTRAR OF CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) THE petitioner is a member of the third respondent Cooperative Bank. The petitioner had filed a petition under section 84 of the Puducherry Cooperative Societies Act, 1972 to disqualify the 5th respondent, who was a newly elected Director of the third respondent Cooperative Society. According to the petitioner, the 5th respondent is disqualified under section 34 (1) (b) (i) of the Puducherry Cooperative Societies Act, as he had dues with various Societies.

(2.) THE 2nd respondent, who is a delegated authority under section 84 of the Puducherry Cooperative Societies Act and who heard the dispute, passed the impugned order dated 12. 3. 2009 rejecting the case of the petitioner. The petitioner did not prefer any Revision in terms of Section 141 of the Puducherry Cooperative Societies Act but chose to file the present Writ Petition directly before this Court.

(3.) NOTICE was ordered in the Writ Petition. On behalf of the 2nd respondent, a counter affidavit dated 25. 8. 2009 had been filed. Attention was drawn to the Court Section 141 of the Act regarding the revisional power of the Registrar. It was stated that the Puducherry Cooperative Societies Act is a self-contained code and it has given revisional power to the Registrar. Therefore, the petitioner cannot file a Writ Petition without exhausting the statutory alternative remedy. In the affidavit filed in support of the Writ Petition, there is no reference as to why the petitioner did not exercise the statutory alternative remedy and it is silent.