SAHAKARI GANNA SAMITI LTD Vs. MAHENDRA PRATAP RAO

JUDGEMENT

(1.) THIS is a defendants' application under Section 115 of the Civil Procedure Code against the order of the IInd Addl. Munsif Deoria, rejecting their preliminary objection that the court had no jurisdiction to entertain the suit. The plaintiff respondent Sant Govind Rao filed a suit for a declaration that he was a validly elected delegate of particular society to the Co-operative Cane Development Society and for an injunction to restrain the defendants from electing another delegate. He alleged that he had been elected a delegate but subsequently ho received a notice from the Honorary Secretary of the Society that he could not remain a delegate, being an ex-convict, and he was removed by the District Co- operative Officer. He challenged his removal as illegal and without jurisdiction.

(2.) THE defendants resisted the suit and contended that the court had no jurisdiction to entertain it in view of Rule 115 of the Co-operativs Societies Rules 1936. The aforesaid rule provides for compulsory arbitration in certain types of disputes which are enumerated in the rule. The learned Munsif held that the rule did not bar the jurisdiction of the court in cases where the plaintiff alleged that the impugned action was ultra vires and without jurisdiction. He decided the preliminary issue of the jurisdiction against the defendants who have come here in revision.

(3.) THIS rule provides for arbitration in case of certain types of dispute. It presumes that the act or acts leading to the disputes were within jurisdiction. Hut this rule does not take away the jurisdiction of the civil court to determine whether any particular act of any authority was without jurisdiction. It is the function of the Civil Court to ensure that statutory authorities do not exceed their powers under the statute.