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VIPIN SANGHI, REKHA PALLI
Narender Singh – Appellant
Versus
V. V. Pankajakshan – Respondent
JUDGMENT :
REKHA PALLI, J.
1. The present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Arbitration Act’) assails the order dated 31.07.2020 passed by the learned Single Judge rejecting the appellant’s challenge under Section 34 of the Arbitration Act to the arbitral award dated 06.02.2020. Under the said award, the appellant’s election to the Board of Directors of respondent no.2/society was set aside.
2. The appellant is a member of the Sonepat District Cooperative Labour & Construction Federation (hereinafter referred to as the ‘Sonepat Society’) whereas the respondent No. 2/National Labour Cooperative Federation of India Limited (NLCFIL) is a multi-State cooperative society governed by the provisions of the Multi-State Cooperative Society Act, 2002 (hereinafter referred to as the ‘MSCS Act’). The Sonepat Society is a member of the NLCFIL.
3. On 29.05.2019, the respondent no. 3, who was appointed as the Returning Officer by the NLCFIL for conducting elections to its board of directors, issued a notice under Section 19 of the MSCS Act notifying the election program for conducting the said elections. The notice also directed eli
The interpretation of the relevant legal provisions by the learned Arbitrator was wholly perverse and had to be set aside. The requirement of obtaining authorization from the Board of the cooperative....
Arbitration of disputes involving disciplinary action requires adherence to statutory procedures; improper convening of a board meeting renders decisions null and void.
Disputes related to the election of officers in a multi-State co-operative society should be referred to arbitration under section 84 of the Multi State Co-operative Societies Act, 2002.
The main legal point established in the judgment is that the bar under Section 73D of the M.C.S. Act does not apply to the petitioner for contesting the election to the Managing Committee of the coop....
The failure to conduct mandatory meetings as per Section 32(3) of the Telangana Cooperative Societies Act, 1964 results in automatic disqualification from the post of Chairman.
The automatic cessation of membership upon incurring disqualification and the lack of provision for membership revival.
Proper raising of objections and grounds, adherence to procedural requirements, and fair opportunity for all parties to present their case.
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