LAWS(RAJ)-2010-3-119

RAGHUVEER SINGH Vs. CHIEF PERSONAL OFFICER

Decided On March 04, 2010
RAGHUVEER SINGH Appellant
V/S
Chief Personal Officer (Administration) and Returning Officer Respondents

JUDGEMENT

(1.) THE petitioner has challenged the rejection of his nomination paper vide order dated 22.02.2010 for election of JACKSON Cooperative Credit Society of the Employees of the Western Railway Ltd. He has also challenged the letter dated 24.02.2010 whereby he was informed by the Assistant Returning Officer that his nomination paper has been rejected ostensibly on the ground that he failed to repay the loan taken by him for buying a Laptop.

(2.) MR . A.K. Pareek, the learned Counsel for the respondents, has raised a preliminary objection about the maintainability of the writ petition. According to Mr. Pareek, Section 84 of the Multi -State Co -Operative Societies Act, 2002 ('the Act', for short), clearly stipulates that in case of a dispute arising in connection with the election of any officer of a Multi State Co -operative Society, the dispute should be referred to an Arbitrator. Since the present dispute is in connection with the election of the Co -operative Society, the petitioner should have requested that the dispute be referred to an Arbitrator. Since the petitioner has an efficacious alternative remedy available to him, this writ petition is not maintainable.

(3.) HEARD the learned Counsel for the parties and perused the case law cited at the bar.