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2017 Supreme(J&K) 443

B.S.WALIA
Pawan Dev Singh – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant :Mr. Sandeep Singh Advocate
For the Respondents:Mr. Abhishek Gupta Advocate & Mr. Saquib Khalil, Advocate

JUDGMENT :

1. Challenge in the instant writ petition is to conduct of election in violation of Rule 25(1)(e) read with Rule 18(ff) and (fff) of the Cooperative Societies Rules, 2001 (for short ‘Rules’).

2. Learned counsel for respondent No.4 contends that in case of dispute in connection with the election to any office of the Society, appropriate remedy lies under section 70 of the J&K Cooperative Societies Act, 1989 (for short ‘Act’. Section 70 of the Act is reproduced here under:

70. Dispute which may be referred to arbitration

(1) Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management or the business of a cooperative society arises-

(a) among members, past members and persons claiming through a member, past member or deceased member and sureties of members, past members or deceased whether such sureties are members or non-members; or

(b) between any member, past members or persons claiming through a member, past members or deceased member, or sureties of members, past members or deceased members and the society, its committee or any officer, agent or employee of this society; or

(c) between the society or its comm












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