Case Note & Summary
The petitioner, Laxman s/o Dadaji Gajbhiye, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Nagpur Bench, seeking quashing and setting aside of the election programme for respondent No.8, Chimur Sahakari Tandul Girni Samiti Maryadit, a cooperative society governed by the Maharashtra Co-operative Societies Act, 1960. The petitioner claimed that the election programme was contrary to the provisions of the Act. The court, comprising Justices R.K. Deshpande and S.M. Modak, heard the matter on 4th April 2019. The court noted that the petitioner had an alternative statutory remedy under Section 152 of the Act, which provides for resolution of election disputes by an election tribunal. The court observed that the petitioner could raise all objections regarding the election programme before the tribunal. Without examining the merits of the case, the court dismissed the writ petition solely on the ground that the petitioner failed to avail the alternative remedy. The court directed that if the petitioner approaches the election tribunal within a specified period, the tribunal shall decide the dispute in accordance with law. The judgment emphasizes the principle that High Courts should not entertain writ petitions when an efficacious alternative remedy is available under the statute.
Headnote
A) Constitutional Law - Alternative Remedy - Writ Jurisdiction - Section 152 Maharashtra Co-operative Societies Act, 1960 - Petitioner challenged election programme of a cooperative society under Article 226 of the Constitution of India - Court held that the petitioner has an efficacious alternative remedy under Section 152 of the Act to raise all objections regarding the election programme before the election tribunal - Petition dismissed on ground of alternative remedy without examining merits (Paras 1-5).
Issue of Consideration
Whether the High Court should entertain a writ petition challenging an election programme of a cooperative society when an alternative statutory remedy under Section 152 of the Maharashtra Co-operative Societies Act, 1960 is available.
Final Decision
The writ petition is dismissed. The petitioner is at liberty to approach the election tribunal under Section 152 of the Maharashtra Co-operative Societies Act, 1960. If such an application is made within a period of two weeks from today, the tribunal shall decide the same in accordance with law.
Law Points
- Alternative remedy
- Election dispute
- Cooperative societies
- Writ jurisdiction
- Section 152 Maharashtra Co-operative Societies Act
- 1960
Case Details
2019 LawText (BOM) (04) 173
Writ Petition No.2614 of 2019
R.K. Deshpande, S.M. Modak
Shri A.R. Patil for Petitioner, Shri A.M. Deshpande Addl.G.P. for Respondent Nos.1,2 & 5 to 7
Laxman s/o Dadaji Gajbhiye
State of Maharashtra, Maharashtra State Cooperative Election Tribunal, State Election Commission, Election Commission of India, Divisional Joint Registrar, District Deputy Registrar, Assistant Registrar, Chimur Sahakari Tandul Girni Samiti Maryadit
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging election programme of a cooperative society.
Remedy Sought
Quashing and setting aside the election programme of respondent No.8 cooperative society.
Filing Reason
Petitioner claimed the election programme was contrary to the provisions of the Maharashtra Co-operative Societies Act, 1960.
Issues
Whether the High Court should entertain a writ petition challenging an election programme of a cooperative society when an alternative statutory remedy under Section 152 of the Maharashtra Co-operative Societies Act, 1960 is available.
Submissions/Arguments
Petitioner argued that the election programme was contrary to the provisions of the Act.
Respondents argued that the petitioner has an alternative remedy under Section 152 of the Act.
Ratio Decidendi
When an efficacious alternative remedy is available under the statute, the High Court should not entertain a writ petition under Article 226 of the Constitution of India. The petitioner can raise all objections regarding the election programme before the election tribunal under Section 152 of the Maharashtra Co-operative Societies Act, 1960.
Judgment Excerpts
The petitioner claims relief of quashing and setting aside the election programme in respect of the election of respondent No.8 – Cooperative Society in terms of provision of Section 73CC of the Maharashtra Co-operative Societies Act, 1960.
The provision of Section 77CC of the Act is reproduced below : ...
The petitioner has an alternative remedy under Section 152 of the Act to raise all the objections which are raised in this petition before the Election Tribunal.
In view of the availability of alternative remedy, we do not propose to examine the merits of the matter.
The writ petition is dismissed. The petitioner is at liberty to approach the Election Tribunal under Section 152 of the Act.
Procedural History
The petitioner filed Writ Petition No.2614 of 2019 before the Bombay High Court, Nagpur Bench, challenging the election programme of respondent No.8 cooperative society. The court heard the matter on 4th April 2019 and dismissed the petition on the ground of alternative remedy.
Acts & Sections
- Maharashtra Co-operative Societies Act, 1960: 73CC, 77CC, 152
