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2020 Supreme(All) 867

SURYA PRAKASH KESARWANI, YOGENDRA KUMAR SRIVASTAVA
Matsya Jivi Sahkari Samiti Ltd. – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Vijay Kumar
For the Respondent: Sunil Kumar Singh

JUDGMENT :

1. Heard Sri Vijay Kumar, learned counsel for the petitioner and learned Standing Counsel for the State respondents.

2. The present writ petition has been filed seeking a direction to decide the claim of the petitioner with regard to election proceedings of a cooperative society namely, Matsya Jivi Sahkari Samiti Ltd., Village Karauta, Block Brahampur, District Gorakhpur.

3. As per the averments made in the writ petition, in particular, in paragraphs 9 and 10, the elections have been held and declared on 22.11.2019 and the elected office bearers have also taken charge but the grievance of the petitioner with regard to the elections, raised in his complaints, has not been redressed.

4. Learned Standing Counsel appearing for the State respondents has drawn attention of this Court to the provisions under Section 70 of the Uttar Pradesh Cooperative Societies Act, 1965, and the proviso to subsection (1) thereof and also to Rule 444C (2) of the Uttar Pradesh Cooperative Societies Rules, 1968, to contend that once an election of a cooperative society has been held, the remedy available to the aggrieved party is by seeking a reference of the dispute to the Registrar.

5. To appreciate

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