Ramesh Kumar Wattal, Member (Judicial)

This appeal has been filed by the appellants who have averred in the appeal that the appellants are respectable members of the Sainik Cooperative House Building Society. They act as watching dogs to see that society functions within domain of law and rules and bye-laws governing society.

2. It has further been averred that respondent no 2 in order to constitute managing committee, respondent no. 5 issued notification on 18-10-2014 for holding the elections.

3. That the respondent no. 3 in order to scrutinize the application for nomination of candidates fixed the date on 24-11-2004 and the appellant based upon the information received by them under Right to Information Act dated 27-03-2014 objected the nomination application of respondent no 6 as one of the contesting candidate on account of his ineligibility and disqualification under bye-law no 5 and 24 being not an ex-service man but the said respondent illegally accepted the nomination application of respondent no 6. and in spite of the facts that objection was taken in black and white on the basis of information received, the respondent no 3 allowed the respondent no 6 to contest the election who was illegally notified as one of the director/ member to managing committee of Society vide notification dated 2.12.2014.

4. That the appellants represented to the respondents with their grievances and cause but the respondents remained silent. The appellants then filed an arbitration under section 70(2)(c) and section 72 of the Cooperative Societies Act along with the application for interim relief but no relief was granted by the respondent no. 4 who continued posting the matter repeatedly forcing the appellant to file an appeal on account of non grant of stay, interim relief and the tribunal directed the Registrar Cooperative Societies to dispose of the interim application which dismissed the same vide order dated 21-05-2015.

5. That no. 4 has treated the arbitration petition of appellant no. 1 and 2 as election petition under rule 16(2) of J&K Cooperative Society Act in spite of being vehemently opposed in this behalf has not to treat arbitration petition as election petition for the reasons that any grievance of the appellants pertains to illegal acceptance of nomination application of respondent no. 6 being in eligible as not being an ex-serviceman and the objection have not been raised to the methodology of holding election illegally to managing committee or to the duplication of ballot papers bogus voting or stealing of ballot box or missing of symbols of candidates.

6. The court observed that since the petition has not been filed within 30 days as stated in rule 16 and dismissed the interim application vide order dated 21-05-2015. Since the order in arbitration petition as election petition was illegal, so the appellant filed writ petition OWP No. 1139/2015 titled Kirpal Singh v. State and others which was disposed off vide order 21-08-2015 with the direction to the tribunal to decide the appeal within 2 months after considering all the aspects of the case taken before registrar into consideration.

7. A prayer has been made that appeal be accepted and order under appeal be set aside.

8. During arguments the appellant has reiterating the averments in the appeal contended that the respondent no. 6 is not the ex-serviceman as required for contesting the election of the society as only a member can contest the election and the appellant not fulfilling the fundamental requirement was ineligible to become the member of society and consequently to be elected or notified as one of the directors of board of directors. That the same has given rise to a dispute inter se the members of society and society itself which gave them right to seek the relief under arbitration under section 70(l)(b) and section 70(ii)(c)(d) read with section 72 and bye-law no 49 of J&K Cooperative House Building Society.

9. He has further submitted that since the Hon