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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
IRSHAD ALI
Prahlad Gond – Appellant
Versus
U.P. Co-Operative Tribunal Lucknow – Respondent
| Table of Content |
|---|
| 1. challenging orders related to private co-operative society (Para 2 , 5 , 10) |
| 2. arguments on maintainability of writ petition (Para 3 , 4 , 12) |
| 3. writ jurisdiction limitations in private disputes (Para 11 , 15) |
| 4. criteria for invoking article 226 (Para 13 , 14) |
| 5. writ petition dismissed (Para 16) |
JUDGMENT :
IRSHAD ALI, J.
1. Heard learned counsel for the petitioner, Sri Divesh Mishra, learned Standing Counsel for State-respondent No.1 and Sri Satish Kumar Singh, learned counsel for respondent No.5.
2. By means of the present writ petition, the petitioner is challenging the orders dated 29.5.2001, passed by respondent No.1 in Appeal No.92 of 2006 and order dated 20.9.1996, passed by respondent No.2.
3. A preliminary objection has been raised by learned counsel for respondent No.5 that the co-operative society, which is running the bank, is a private society, therefore, the writ petition is not maintainable under Article 226 of the Constitution of India. In support of his submission, he placed reliance upon the following judgments :-
(i) Krishna Mohan Vs. State of U.P. and others (Writ-A No.2329 of 2019)
(ii) Kulwinder Singh Vs. State of Haryana and others [2019 (2) IL
Writ petitions against private co-operative societies are not maintainable under Article 226 unless they demonstrate public authority status.
The test laid down in Marappan's case continues to govern the maintainability of writ petitions against Co-operative Societies.
The main legal point established in the judgment is that the provisions of Section 77 of the Tamil Nadu Co-operative Societies Act, 1983 govern the removal and reinstatement of employees based on cri....
Suspension of an employee under the Andhra Pradesh Cooperative Societies Act must adhere to due process and jurisdictional authority, failing which it is deemed illegal.
Suspension of an employee under the Andhra Pradesh Cooperative Societies Act must follow due process, including issuing a charge-sheet and conducting a proper inquiry.
The court determined that cooperative banks do not qualify as 'State' under Article 12 of the Constitution, thus are not amenable to writ jurisdiction.
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