Case Note & Summary
The petitioners, members of respondent No.5 Sugar Co-operative factory in Sangli, filed a writ petition seeking a writ of mandamus against the State of Maharashtra and its officers, particularly the Commissioner for Sugar, to appoint an administrator or a board of administrators to the society. The grievance was that elections to the society were not being held despite the statutory period of five years having expired long ago. The petitioners also sought an interim prayer to the same effect. The respondents included the State, Secretary of Co-operatives, Commissioner for Sugar (who is also the Registrar under the Maharashtra Co-operative Societies Act, 1960), Collector of Sangli, the sugar co-operative society itself, and its directors (respondent Nos.6 to 20). The court, at the admission stage, considered that an interim order would almost amount to allowing the petition and thus heard the matter finally. A reply was filed on behalf of respondent No.5 by its incharge Managing Director, Mr. Vikramsingh Sarnobat, to which the first petitioner filed a rejoinder. Additional affidavits were filed by Mr. Vasant Kumbhar, Assistant Legal Officer of respondent No.5; Mr. S.A. Thorat, Regional Joint Director, Sugar, Kolhapur on behalf of respondent Nos.1 to 3; and Mr. M.G. Gadhve for the Commissioner for Sugar, respondent No.3. The court observed that the petitioners had an alternative remedy under Section 73 of the Maharashtra Co-operative Societies Act, 1960, which provides for the appointment of an administrator or committee by the Registrar. The court held that the writ petition was not maintainable in view of the availability of this efficacious statutory remedy. Consequently, the court dismissed the petition, granting liberty to the petitioners to approach the Registrar under Section 73 of the Act for appropriate relief.
Headnote
A) Constitutional Law - Writ of Mandamus - Alternative Remedy - Availability of statutory remedy under Section 73 of the Maharashtra Co-operative Societies Act, 1960 for appointment of administrator or committee - Petitioners, members of a sugar co-operative society, sought writ of mandamus for appointment of administrator due to non-holding of elections beyond five years - Court held that since an efficacious alternative remedy exists under the Act, the writ petition is not maintainable - Petitioners directed to approach the Registrar under Section 73 of the Act (Paras 1-5).
Issue of Consideration
Whether a writ of mandamus can be issued to appoint an administrator or board of administrators to a sugar co-operative society when elections have not been held beyond the statutory period of five years, given the availability of an alternative remedy under the Maharashtra Co-operative Societies Act, 1960.
Final Decision
The writ petition is dismissed. The petitioners are at liberty to approach the Registrar under Section 73 of the Maharashtra Co-operative Societies Act, 1960 for appropriate relief.
Law Points
- Alternative remedy
- Writ of mandamus
- Co-operative society elections
- Appointment of administrator
- Section 73 Maharashtra Co-operative Societies Act
- 1960
