ORDER :- This is a defendants' application under S. 115 of the Civil Procedure Code against the order of the IInd Addl. Munsif Deoria, rejecting their preliminary objection that the court had no jurisdiction to entertain the suit. The plaintiff respondent Sant Govind Rao filed a suit for a declaration that he was a validly elected delegate of particular society to the Co-operative Cane Development Society and for an injunction to restrain the defendants from electing another delegate. He alleged that he had been elected a delegate but subsequently he received a notice from the Honorary Secretary of the Society that he could not remain a delegate, being an ex-convict, and he was removed by the District Co-operative Officer. He challenged his removal as illegal and without jurisdiction.

2. The defendants resisted the suit and contended that the court had no jurisdiction to entertain it in view of Rule 115 of the Co-operative Societies Rules 1936. The aforesaid rule provides for compulsory arbitration in certain types of disputes which are enumerated in the rule. The learned Munsif held that the rule did not bar the jurisdiction of the court in cases where the plaintiff alleged that th

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