DILBAG SINGH Vs. DEPUTY REGISTRAR COOPERATIVE SOCIETIES

JUDGEMENT

(1.) Heard learned counsel for the petitioner. Sri H. R. Misra has appeared for the respondents.

(2.) Against the impugned resolution of the Committee of Management of the Co-operative Societies dated 22.3.2003 the petitioner has an alternative remedy of filing a representation under Section 128 of the U. P. Co-operative Societies Act and/or to apply for arbitration under Rule 454 of the U. P. Cooperative Societies Rules.

(3.) Learned counsel for the petitioner submitted that when an order is wholly without jurisdiction or when there is violation of principles of natural justice a writ petition cannot be dismissed on the ground of alternative remedy. He has relied on the Division Bench decision of this Court in Jagat Narain Singh v. District Assistant Registrar, 1995 (3) UPLBEC 1465 and the Supreme Court decision in Institute of Chartered Accountants v. L.K. Batra, AIR 1987 SC 71 ; Babu Ram v. Zila Parishad, AIR 1969 SC 556 and S.T.O. v. Shiv Ratan. AIR 1966 SC 142, etc.