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MAHESH CHANDRA TRIPATHI, MANJIVE SHUKLA
Brijesh Kumar Singh – Appellant
Versus
Central Registrar Co-Operative – Respondent
JUDGMENT :
1. Heard Mr. Umesh Vats and Mr. Balwant Singh, learned counsel for the petitioners; Mr. H.N. Singh, learned Senior Advocate assisted by Mr. Atul Kumar Shahi, learned counsel for respondent no.2 and Mr. Krishna Ji Shukla, Advocate, holding brief of Mr. N.K. Chatterjee, learned counsel for the Union of India.
2. By means of present writ petition, the petitioners have sought following reliefs:-
ii) Issue a writ, order or direction in the nature of mandamus directing to the Central Registrar (respondent no.1) to send report to the Reserve Bank of India regarding the expiration of the terms of the general body as well as Board of Directors of the Bank to the Reserve Bank of India (respondent no.4).
iii) Issue a writ, order or direction in th
The main legal point established in the judgment is the violation of the petitioner's fundamental right to participate in the election process due to the inconsistency between Bye-law 24(viii) and Se....
Section 84 which falls under Chapter IX “Settlement of Disputes” of the Act, 2002 refers to reference of the disputes by the Central Registrar, Cooperative Societies with regard to the disputes touch....
Disputes related to the election of officers in a multi-State co-operative society should be referred to arbitration under section 84 of the Multi State Co-operative Societies Act, 2002.
The main legal point established in the judgment is that the amendment of Bye-Laws and the conduct of elections must adhere to the statutory provisions, and failure to do so can result in the vitiati....
The Assistant Registrar of Cooperative Societies lacks jurisdiction over election disputes, which must be adjudicated by the Cooperative Election Commission per the relevant regulations.
The appointment of an Administrator for a cooperative society cannot extend beyond one year without elections, infringing on statutory governance mandates.
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