RAM CHANDRA JAISWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner, inter alia, praying for quashing the Resolution No. 1 dated 3rd of January, 2013 (Annexure-1 to the writ petition) passed by the respondent No. 3 whereby the petitioner has been declared as disqualified from Membership of the Committee of Management of the Cooperative Society in question, namely, District Wholesale Central Consumer Co-operative Store Ltd., Deoria. From the averments made in the writ petition, it appears that the petitioner has been a Member of the Committee of Management of the Cooperative Society in question and has been holding the post of President of the Society. By the impugned Resolution dated 3.1.2013, the Committee of Management has declared the petitioner as disqualified on account of the reasons mentioned in the said Resolution.

(2.) We have heard Sri Manish Kumar Nigam, learned Counsel for the petitioner and the learned Standing Counsel appearing for the respondent No. 1.

(3.) Learned Standing Counsel appearing for the respondent No. 1 submits that the petitioner has an alternative remedy available under Rule 454 of the U.P. Co-operative Societies Rules 1968, framed under the U.P. Co-operative Societies Act, 1965, for redressal of his grievances, in regard to the resolution in question. Learned Standing Counsel further submits that under section 128 of the U.P. Co-operative Societies Act, 1965, the Registrar has power to annul any Resolution passed by the Committee of Management. It is submitted that in view of the availability of alternative remedies to the petitioner, no interference is called for by this Court in exercise of its Writ Jurisdiction under Article 226 of the Constitution of India.