Hari Swarup, J. - (1.) A preliminary objection has been taken to the hearing of this petition on merits. It has been contended by the learned Solicitor Gereral appearing on behalf of the respondents that the petition is liable to be abated under section 58 of the Constitution (Forty Second Amendment) Act, 1976.
(2.) The petition has been filed for a writ, order or direction to quash the election of opposite party No. 3 to the Committee of Management of the U.P. Rajya Sahkari Bhoomi Vikas Bank. Ltd. The petitioner was the member of the general body of this Co-operative Society and opposite party No. 3 was also a member. When the Committee of Management was to be elected, opposite party No, 3 also filed his nomination. Objection was taken to his nomination on the around that his nomination was bad because of the bar contained in Rule 449 of the U.P. Co-operative Societies Rules read with Bye-law 10 of the Society's Bye Laws. The objection was overruled and opposite party No. 3 was permitted to participate in the election. He ultimately succeeded and was declared elected.
(3.) It has been urged on behalf of the respondents that Section 70 of the U.P. Co-operative Societies Act provides an adequate alternative remedy against the action of the Returning Officer which is being challenged through this writ petition. Section 70 (1) provides for reference of disputes to arbitration. It reads: "Notwithstanding anything contained in any law for the time being in force, if any dispute relating to the constitution, management or the business of a co-operative society other than a dispute regarding disciplinary action taken against a paid servant of a society arises - (a) among members. past members and person claiming through members, past members and deceased members; or....................; Such dispute shall be referred to the Registrar for action in accordance with the provisions of this Act and the rules and no court shall have jurisdiction to entertain any suit or other proceeding in respect of any such dispute." Sub-section (2) of section 70 provides: "For the purpose of sub-section (1) the following shall be deemed to be included in dispute relating to the constitution, management or the business of a co-operative Society, namely................... (d) all matters relating to the objects of the society mentioned in the bye-laws as also those relating to the election of office-bearers." The U.P. Co-operative Societies Act has been divided into various Chapters. Chapter II deals with the registration of Co-operative Societies, Chapter III deals with its constitution and Chapter IV deals with the management of societies. Section 29, which falls in Chapter IV, provides for the constitution of Committee of Management. Sub-section (1) thereof reads as under : "The management of every co-operative society shall vest in a committee of management constituted in accordance with this Act, the rules and the bye-laws. which shall exercise such powers and perform such duties as may be conferred or imposed by this Act, the rules and the bye-laws." The dispute thus sought to be raised and resolved through the present writ petition relates to the constitution of the Committee of Management. The pith and substance of the plea of the petitioner is that respondent No. 3 is not entitled to participate in the management of the society because he has not been validly elected to the Committee of Management. It is thus clearly a dispute about the management of the Society. The petitioner is a member of the Society. and so is opposite party No. 3. It is thus a dispute among members relating to the management of the Co-operative Society. The dispute is thus covered by sub-section (1) of section 70 of the Act.;