High Court Of Delhi
Gita Mittal
KUMARADAS - Appellant
Versus
INDIAN MEDICAL PRACTITIONERS CO-OP. PHARMACY AND STORES LTD. - Respondents
O. M. P 554 Of 2006
Decided On : 01/23/2007
Section 9 — Multi State Co-operative Societies Act — Section 84 — Dispute-about removal of President of Society — No provision in the Act or the Rules for such removal — Dispute raised by invoking arbitration — Held that court has jurisdiction to grant relief pending arbitration proceedings — Respondents restrained from giving effect to order of removal.
GITA MITTAL, J.
( 1 ) BY this petition under Section 9 of the Arbitration and Conciliation Act, 1996, the petitioner has invoked the jurisdiction of this court contending that he has raised an arbitration dispute before the Central Registrar appointed under the provisions of the Multi State Co-operative Societies Act, 1984 before the Central Registrar at New Delhi under Section 84 of the Act. It is pointed out that by virtue of Section 84 sub-section 5 of the statute, the provisions of the Arbitration and Conciliation Act, 1996 are applicable to the arbitration proceedings under the Multi State Co-operative Societies Act, 1984 and consequently this court has jurisdiction under Section 9 to grant the relief prayed for.
( 2 ) THE undisputed factual matrix to the extent necessary for adjudication in the present case are noticed hereafter. The Indian Medical practitioners' Co-op. Pharmacy and Stores Ltd. is a co-operative society registered under the Multi State Co-operative Societies Act, 1984 which is engaged in the business of manufacture of medicines in all the three systems of Indian medicines namely, Sidha, Ayurvedha and Unan. The society is stated to have been established in the year 1944 and its members are doctors in the three systems of the Indian medicine numbering over fourteen and thousand at present.
( 3 ) AS per the scheme of the Multi State Co-operative Societies Act, 1984, it provides for a Board to administer and manage the affairs of the society. The members of the board are elected by the general body of the society. The election of the members of the Board is governed by Section 35 of the statute while Section 37 provides the restriction on holding of office for more than two tenures by the office bearers of the Board. So far as removal of elected members of the board are concerned, the same is permitted under Section 47 of the statute. It provides the only circumstances in which the elected members of the board can be removed from the board and the manner in which such removal can take place.
( 4 ) THESE provisions which have been placed before this court by either side would require to be considered in extenso and reads thus:-
"s. 35. Election of members of board:- (1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, elections of the members of the board of such multi-State co-operative societies or class of multi-State co-operative societies as the central Government may, by general or special order, notify, shall be vested in such returning officers as may be appointed by the Central registrar in this behalf. (2) The vote at such elections shall be by secret ballot. (3) The term of office of the elected members of the board shall be such, not exceeding three years from the date of election, as may be specified in the bye-laws of a multi-State co-operative society: provided that the elected members shall continue to hold office till their successors are elected or nominated under the provisions of this act or the rules or the bye-laws and assume the charge of their office. (4) No person shall be eligible to be elected as a member of the board of a multi-State co-operative society unless he is a member of the general body of that society. (5) The Central Government may make rules generally to provide for or to regulate matters in respect of elections of members of the board. S. 37. Restrictions on holding of officer-No person shall be eligible to hold the office of a president or chairman or vice-president or vice-chairman on the board of a multi-State co-operative society, after he has held the office as aforesaid during two consecutive terms, whether full or part: provided that a person who has ceased to hold the office of a president or chairman continuously for one full term of three years shall again be eligible for election to the offices aforesaid. Explanation - Where any person holding the office of the president or vice-president or ch
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