Back
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
AJAY MOHAN GOEL, J.
Mulkh Raj – Appellant
Versus
State of Himachal Pradesh and others - Respondents
CWP No. 4748 of 2021
Decided on : 01-01-2024
Writ Petition - Cooperative Society - The court held that the Cooperative Society, being registered under the Himachal Pradesh State Cooperative Societies Act, 1968, is not amenable to the writ jurisdiction of the Court as it does not have direct or indirect interest or control by the State.
Fact of the Case:
The petitioner sought writs to direct action against a Cooperative Society and to recover illegally drawn salary by an individual after retirement.
Finding of the Court:
The Court found the writ petition not maintainable as the Cooperative Society is not amenable to the writ jurisdiction of the Court.
Issues: Maintainability of the writ petition against the Cooperative Society.
Ratio Decidendi: The Cooperative Society, being registered under the Himachal Pradesh State Cooperative Societies Act, 1968, is not amenable to the writ jurisdiction of the Court as it does not have direct or indirect interest or control by the State.
Final Decision: The petition was dismissed as being devoid of any merit.
JUDGMENT :
Ajay Mohan Goel, J.
By way of this writ petition, the petitioner has inter-alia, prayed for the following reliefs:-
ii) That a further direction may also kindly be issued to respondent No.2 to recover the amount of salary illegally drawn by respondent No.5 after his due date of retirement 31.01.2015.”
2. Having heard learned counsel for the petitioner, this Court is of the considered view that the present writ petition is not maintainable. The reliefs that have been prayed are being sought against respondent No.4, which is a Cooperative Society registered under the provisions of the Himachal Pradesh State Cooperative Societies Act, 1968.
3. The contention of the learned counsel for the petitioner that said Society is the instrumentality of the State and thus amenable to the writ jurisdiction of the Court is without any merit. On a query put to the learned counsel for the petitioner, it could not be demonstrated that the State of Himachal Pradesh has either any direct or indirect interest in this Society. It could not be demonstrated that the State exercises any control over this Society either monetarily or otherwise. It could not be demonstrated that the State in any capacity exercises deep and pervasive control as far as the management of the committee is concerned.
4. In this view of the matter, simply because it is a Society, registered under the provisions of the Himachal Pradesh State Cooperative Societies Act, 1968, which is a mandatory condition for a Cooperative Society to come into existence, the same does not becomes a statutory society or an instrumentality of the State.
5. Accordingly, present petition being devoid of any merit, is dismissed. Pending miscellaneous applications, if any, also stands disposed of.
Writ petitions against private co-operative societies are not maintainable under Article 226 unless they demonstrate public authority status.
A body must fulfill specific criteria to be considered as 'State' under Article 12 of the Constitution of India, and the Court's jurisdiction in a writ petition depends on the determination of the na....
Suspension of an employee under the Andhra Pradesh Cooperative Societies Act must adhere to due process and jurisdictional authority, failing which it is deemed illegal.
A writ of mandamus is not maintainable against a cooperative society for retirement benefits of its employees unless there is violation of statutory provisions or fundamental rights.
The test laid down in Marappan's case continues to govern the maintainability of writ petitions against Co-operative Societies.
The main legal point established in the judgment is that the provisions of Section 77 of the Tamil Nadu Co-operative Societies Act, 1983 govern the removal and reinstatement of employees based on cri....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
