Case Note & Summary
The petitioners, 14 individuals, filed a writ petition under Article 226 of the Constitution of India challenging the election of the Board of Directors of a sugar factory, a co-operative society registered under the Maharashtra Co-operative Societies Act, 1960. They alleged irregularities in the election process. The court examined the maintainability of the petition in light of the alternative remedy available under Section 91 of the MCS Act. The court noted that Section 91 provides for reference of disputes relating to the constitution, management, or business of a co-operative society to the Co-operative Court. The court held that the election dispute falls squarely within the ambit of Section 91, and the petitioners have an efficacious alternative remedy. Therefore, the writ petition was dismissed as not maintainable, without expressing any opinion on the merits of the allegations. The court also observed that the petitioners could approach the appropriate forum under the MCS Act.
Headnote
A) Co-operative Law - Election Dispute - Maintainability of Writ Petition - Alternative Remedy - Section 91 of the Maharashtra Co-operative Societies Act, 1960 - The petitioners challenged the election of the Board of Directors of a sugar factory. The court held that the dispute regarding election falls within the purview of Section 91 of the MCS Act, which provides a specific remedy. Therefore, the writ petition under Article 226 is not maintainable as the petitioners have an efficacious alternative remedy. (Paras 1-10)
Issue of Consideration
Whether a writ petition under Article 226 of the Constitution of India is maintainable to challenge the election of a co-operative society when an alternative statutory remedy under Section 91 of the Maharashtra Co-operative Societies Act, 1960 is available.
Final Decision
The writ petition is dismissed as not maintainable. The petitioners are at liberty to approach the appropriate forum under the Maharashtra Co-operative Societies Act, 1960.
Law Points
- Election disputes under co-operative societies must be resolved through statutory remedy under Section 91 of the Maharashtra Co-operative Societies Act
- 1960
- not by writ petition under Article 226 of the Constitution of India
