IMPORTANT POINT
The central legal point established in the judgment is that a petitioner must fulfill the conditions for membership as per the Bye-laws and exhaust alternative statutory remedies before approaching the court.

JUDGMENT

1. Heard Mrs. G. Pushpa, learned counsel appearing for the petitioner, Mr. A. Vashum, learned GA appearing for the respondent Nos. 1, 2 & 3 and Mr. Ajoy Pebam, learned counsel appearing for the respondent Nos. 4 & 5.

2. The present writ petition had been filed assailing the Notification dated 29.05.2022 notifying the schedule for election of the Board of Directors and Office Bearers of the Manipur Merchant's Cooperative Association Ltd. (herein after referred to as MMCA for short) as well as the bonafide member list of the MMCA and with a prayer for passing and setting aside the impugned notification and the impugned list of members of the MMCA.

3. The case of the petitioner is that, his father namely, Shri Arambam Manichouba Singh was a member and shareholder of the MMCA during his lifetime. The father of the petitioner expired on 12.06.2021 and consequent upon the expiry of his father, the petitioner being a nominee of his father became a bonafide member of the MMCA by invoking the provisions of the Bye-Law of the MMCA.

4. On expiry of the term of the Board Members of the MMCA, the Chairman, MMCA issued a notice dated 20.05.2022 for holding an Annual General Body Meeting of MMCA on 05.06.2022 at 1:30 pm at the Office premises of MMCA, Paona Bazar to transact the following businesses:-

1. Confirmation of the minutes of the last Annual General Body Meeting dated 28.11.2021;

2. Report of the Secretary;

3. Considering and adoption of the Annual Report, Audit Report and Audited Statement of Accounts Balance Sheet of MMCA Ltd. for the year 2021-2022;

4. Amendment of Bye-Laws/Addition of Bye laws;

5. Trading business;

6. Construction;

7. Nominees;

8. Misc;

9. Election of New Board of Directors.

5. According to the petitioner, being a member and intending candidate, he was planning to participate in the said meeting to be held on 05.06.2022, however, to the shock and surprise of the petitioner, the Returning Officer without informing the petitioner and many other members of the MMCA, issued the impugned Notification dated 29.05.2022 notifying the schedule for election of the Board of Directors and Office Bearers of the MMCA. When the petitioner enquire as to the reason for the abrupt manner for holding the said election, the Secretary, MMCA informed the petitioner that he is not a bonafide member of the MMCA. Having being aggrieve, the petitioner approached this Court by filing the present writ petition for redressing his grievances.

6. Mr. Ajoy Pebam, learned counsel appearing for the respondent Nos. 4 & 5 raised preliminary objections about the maintainability of the present writ petition on the following grounds:-

(a) The petitioner is not a member of the MMCA and accordingly, he has no locus standi to challenge either the process for election of the Board of Directors and Office Bearers of the MMCA or the list of the members of the MMCA.

(b) As there is an alternative and effective statutory remedy under Section 91 of the Manipur Co-operative Societies Act, 1976 (herein after referred to as the said Act for short) for deciding the issues raised in the present writ petition, the present writ petition is not maintainable.

(c) The petitioner filed the present writ petition without disclosing the material facts and approach this Court without a clean hand and accordingly, the present writ petition is not maintainable.

7. In connection with the first ground, it has been submitted by Mr. Ajoy Pebam, learned counsel appearing for the respondent Nos. 4 & 5 that the father of the petitioner was a member and share holder of the MMCA during his lifetime and he expired on 12.06.2021. After the death of the petitioner's father, the process for transferring the membership of the deceased father to his nominee i.e., the present petitioner, was initiated and in the Annual General Body Meeting of the MMCA held on 28.11.2021, a resolution was taken for admitting 5 (five) nominees of the former members of the MMCA, including the present petitioner. Thereaft