Case Note & Summary
The petitioner, Pramod s/o Pandurang Patil, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad Bench, challenging the election process of the Rashtriya Sahakari Shikshan Prasarak Mandal Ltd., Chalisgaon, a cooperative society. The petitioner alleged that his nomination papers were wrongly rejected and that the election process was vitiated. The respondents included the District Deputy Registrar, the Returning Officer, and several other members of the society. The court, after hearing the parties, observed that the petitioner had an alternative efficacious remedy under the Maharashtra Cooperative Societies Act, 1960, specifically under Section 152 which provides for resolution of disputes. The court noted that in election matters of cooperative societies, the High Court should not exercise its writ jurisdiction when a statutory remedy is available. The court dismissed the writ petition as not maintainable, without expressing any opinion on the merits of the case. The judgment was delivered by a single judge on 16 December 2022.
Headnote
A) Constitutional Law - Writ Jurisdiction - Alternative Remedy - Article 226 of Constitution of India - The court held that where an alternative statutory remedy is available, the High Court should not entertain a writ petition under Article 226, especially in election matters of cooperative societies. The petitioner had challenged the rejection of nomination papers and the election process, but the court found that the remedy under Section 152 of the Maharashtra Cooperative Societies Act, 1960 was efficacious and should have been availed. (Paras 1-5) B) Cooperative Societies - Election Dispute - Jurisdiction - Maharashtra Cooperative Societies Act, 1960, Section 152 - The court held that disputes relating to elections of cooperative societies must be raised before the Cooperative Court or the authorities under the Act, and not directly before the High Court under Article 226. The petition was dismissed as not maintainable. (Paras 1-5)
Issue of Consideration
Whether the writ petition challenging the election process of a cooperative society is maintainable when an alternative remedy is available under the Maharashtra Cooperative Societies Act, 1960.
Final Decision
The writ petition is dismissed as not maintainable. The petitioner is at liberty to avail the alternative remedy under the Maharashtra Cooperative Societies Act, 1960.
Law Points
- Alternative remedy
- Election dispute
- Cooperative society
- Writ jurisdiction
- Article 226
- Maharashtra Cooperative Societies Act
- 1960
