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2011 Supreme(All) 2714
ALLAHABAD HIGH COURT
Yatindra Singh, Dinesh Gupta, JJ.
Ram Shankar Yadav -Appellant
Versus
State of U.P.Thru Secy.and Others -Respondent
Writ C. No. 57017 of 2011
Decided On : 29-09-2011
Petitioner Counsel:- Anand Mohan Pandey, Respondent Counsel:- C.S.C.,C.S.Singh
Availability of alternative remedy under section 98 of the U.P. Cooperative Societies Act, 1965
Headnote:
Cooperative Housing Society - Removal of Secretary - The court dismissed the writ petition challenging the removal of the petitioner as Secretary of the cooperative housing society, citing the availability of an alternative remedy under section 98 of the U.P. Cooperative Societies Act, 1965. The petitioner's appeal was dismissed, and the subsequent appointment of a new Secretary was also challenged in the writ petition. The court dismissed the petition with liberty to challenge the dismissal of the appeal and other unchallenged orders/resolutions.
Fact of the Case:
The petitioner, Secretary of Vishal Bharat Cooperative Housing Society Ltd. Kanpur, was removed by the Additional Housing Commissioner. The petitioner challenged the removal and subsequent appointment of a new Secretary in a writ petition.
Finding of the Court:
The court dismissed the writ petition, citing the availability of an alternative remedy under section 98 of the U.P. Cooperative Societies Act, 1965. The petitioner's appeal was dismissed, and the subsequent appointment of a new Secretary was also challenged in the writ petition. The court dismissed the petition with liberty to challenge the dismissal of the appeal and other unchallenged orders/resolutions.
Issues: Challenge to removal of Secretary and subsequent appointment, availability of alternative remedy under section 98 of the U.P. Cooperative Societies Act, 1965
Ratio Decidendi: Dismissal of writ petition due to the availability of an alternative remedy under section 98 of the U.P. Cooperative Societies Act, 1965
Final Decision: The writ petition challenging the removal of the petitioner as Secretary and the subsequent appointment of a new Secretary was dismissed, with liberty to challenge the dismissal of the appeal and other unchallenged orders/resolutions.
1. The petitioner is Secretary of Vishal Bharat Cooperative Housing Society Ltd. Kanpur (the Society). He was removed by order dated 10.05.2011 passed by the Additional Housing Commissioner.
2. The aforesaid order was challenged in Writ Petition No.29297 of 2011. It was dismissed on 19.05.2011 on the ground of alternative remedy of filing an appeal under section 98 of the U.P.Cooperative Societies Act, 1965 (the Act). The petitioner had filed an appeal on 19.05.2011.
3. During pendency of the aforesaid appeal, a resolution was passed on 29.05.2011 appointing Sri Raksh Chandra Mishra, son of Late Lallu Prasad Mishra (respondent 7) as Secretary.
4. The petitioner has filed the present writ petition challenging the resolution dated 29.05.2011, the order dated 05.07.2011 by which the resolution was approved and the order dated 10.05.2011.
5. We have heard counsel for the parties.
6. The order dated 08.08.2011 dismissing the appeal of the petitioner is not challenged in this writ petition. The writ petition is dismissed with liberty to challenge the order dated 08.08.2011. In that writ petition, the petitioner may also challenge the other order/resolution unchallenged in this writ petition. The resolution may also be challenged by means of representation under section 128 of the Act.
7. With the aforesaid observations, the writ petition is dismissed.
