1.In this petition under Article 226 of the Constitution of India the petitioner has prayed for following reliefs :-
"(A) this Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus directing the respondent District Registrar of Cooperative Societies, Vadodara, to decide the application of the petitioner taking into consideration the clarificatory Office Memorandum of the Government of India, Department of Personnel & Training, bearing No. 35014/6/92-EST(A) dt. 10/6/93 and by interpreting the provisions of Rule 15(2)(e) of the Central Civil Services (Conduct) Rules, 1964, forthwith;
(B) this Hon'ble Court may be pleased to direct the respondent District Registrar of Cooperative Societies, Vadodara, to direct the respondent No.2 - the Vadodara City Rana Sahayak Coop. Society Ltd., - to include the name of the petitioner in the final list of candidates contesting the election to the Executive Committee of the said Society for the year 1996-97;
(C) this Hon'ble Court may be pleased to hold and declare that the petitioner is entitled to contest the election to the honorary post of Executive Member in the Vadodara City Rana Sahayak Coop. Society Ltd., by virtue of the 'no objection' certificates issued by the competent authority of the Department in which the petitioner is serving; "
2.The short grievance of the respondent is that the petitioner has been informed that he has alternative remedy by way of raising a dispute before the Board of Nominee by virtue of section 96 of the Gujarat Co-operative Societies Act, 1961.
3.It is the stand of the respondent no.1 through the Ld. AGP, who has shown the remarks to this Court that the petitioner has also been informed by letter dated 9/9/1996 that the petitioner should approach the Board of Nominee for resolution of his dispute. It is no-doubt true that the election is scheduled on 30th September, 1996. However, since effecatious alternative remedy is available to the petitioner and since the resolution of the dispute involves evidence being adduced, this Court would not like to enter into the controversy raised in this petition. Instead, it would be just and proper, as also in the interest of petitioner, a Government employee, to relegate him to the appropriate forum. Hence, notice is discharged.
Date : 26/9/1996.(M.S.Parikh, J.)