1. Heard learned counsel for the petitioner, Sri S.B. Pandey, learned Senior Advocate assisted by Sri Varun Pandey, learned counsel for respondent No.1, learned Standing Counsel for respondent No.2 and Sri Nirankar Singh, learned counsel for respondent No.3.
2. At the very outset, Sri S.B. Pandey, learned Senior Advocate raised preliminary objection in regard to the maintainability of the present writ petition on the ground of availability of statutory alternative remedy to file appeal before the U.P. Co-operative Tribunal. He submits that the petitioner has not availed the alternative remedy and has directly filed this petition before this Court.
3. A query was made to the learned counsel for the petitioner that in view of the preliminary objection raised by learned Senior Advocate, appeal is provided or not, he submits that under Section 98 (1) of the Uttar Pradesh Co-operative Societies Act, 1965, there is a provision of appeal.
4. After having heard the rival contention of learned counsel for the parties, I perused the material on record as well as the above referred provision.
5. To resolve the controversy, Section 98 (1) of the Uttar Pradesh Co-operative Societies Act, 1965 is being quoted below :-
"98. Appeal against the awards, orders and decisions. - (1) An appeal against, -
(a) an order of the Registrar made under sub-section (2) of Section 7 refusing to register a co-operative society;
[(b) an order of the Registrar under sub-section (3) of Section 12 refusing to register, or under sub-section (2) of Section 14 registering an amendment in the bye-laws of a co-operative society];
(c) a decision of co-operative society refusing to admit any person as a member of the society under sub-section (2) of Section 26 or expelling any member of the society under sub-section (1) of Section 27 [or an order passed under sub-section (1) of section 38 for removal of an officer from the office held by him or to disqualify him from holding any office];
(d) an order of the Registrar under sub-section (2) of Section 27 expelling or removing a member or under sub-section (2) of Section 38 removing or disqualifying any officer of a co-operative society;
(e) an order of the Registrar superseding the committee of management of a co-operative society under section 35;
(f) an order made by the Registrar, under Section 67 apportioning the cost of an enquiry held under Section 65 or on inspection made under Section 66;
(g) an order of surcharge made by the Registrar under Section 68;
(h) an award made by an arbitrator or board of arbitrators under sub-section (1) or sub-section (2) of Section 71;
(i) an order made by the Registrar, under Section 72 directing the winding up of a co-operative society;
(j) any order made by the liquidator of a co-operative society in exercise of the powers conferred on him by clauses (b) and (g) of Section 74;
(k) any order made by the Registrar on a question arising between the parties or proceedings under clauses (b) of Section 92 and of the nature referred to in Section 47 of the Code of Civil Procedure, 1908 (Act V of 1908) ;
(l) an order for attachment of any property made by the Registrar under Section 94;
(m) an order of the Registrar under Section 125 directing amalgamation or merger, or under Section 126 directing division;
(n) an order passed by the Registrar under Section 128 annulling any resolution or cancelling any order, may, within thirty days of the communication of the order, decision or award to be appealed against, be preferred by the aggrieved party to the authorities mentioned in sub-section (2) in the manner prescribed"
6. On perusal of the above it is reflected that there is a statutory remedy of appeal available to the petitioner.
7. In view of the above, this writ petition is dismissed for want of statutory remedy of appeal, wherein the appellate authority has been empowered to pass an interim order.
8. The petitioner is at liberty to file an appeal, as provided under the aforesaid provision.
9. The office is directed to handover the certified copy of the impugned order to the learned counsel for the petitioner.
Order Date :- 22.1.2021 / Gautam