LAWS(P&H)-1977-4-31

JOGINDER SINGH, PRESIDENT, RUPAR CENTRAL COOPERATIVE BANK LTD , RUPAR Vs. REGISTRAR COOPERATIVE SOCIETIES, PUNJAB

Decided On April 01, 1977
JOGINDER SINGH, PRESIDENT, RUPAR CENTRAL COOPERATIVE BANK LTD , RUPAR Appellant
V/S
Registrar Cooperative Societies, Punjab Respondents

JUDGEMENT

(1.) Joginder Singh has filed this petitioner under Articles 226 and 227 of the Constitution of India praying that a writ in the nature of mandamus be issued directing respondents 1 to 4 not to give effect to the resolution passed by respondents 5 to 11 dated June 14, 1975, and to remove the petitioner from the office of the President of the Rupar Central Co- operative Bank Ltd., Rupar (hereinafter referred to as the Bank). The facts of this case, as given in the petition, may briefly be stated thus :-

(2.) Separate written statements have been filed on behalf of respondent No. 3, respondent No. 4, respondents Nos. 5 to 11 and respondent No. 12, in which the material allegations made in the petition have been controverted.

(3.) It is conceded at the outset by the learned counsel for the respondent that the 'no-confidence motion' could not be moved against the petitioner in view of the provisions of bye-law 33, but it was sought to be argued by Mr. Khoji, learned counsel for respondent No. 12, that the present petition is not maintainable in view of the decision of their Lordships of the Supreme Court in Co-operative Central Bank Ltd. and others v. Additional Industrial, Tribunal Andhra Pradesh, Hyderabad and others, 1970 AIR(SC) 245. It was also contended by the learned counsel that the appropriate remedy available to the petitioner was to get the dispute settled through arbitration as provided under section 55 of the Act.