H. N. Seth, J. (for self and for M. M. Gupta, J.) :- - (1.) BY this petition under Art. 226 of the Constitution Mahipal Singh prays for a writ for quashing the award dated 8th December, 1977, made by the Arbitrator, Sri Daryao Singh, Sub-Divisional Officer Jansath as also for a direction that the respondents should not give effect to it.
(2.) SAHKARI Ganna Vikas Samiti Ltd., Khatauli, hereinafter referred to as the Society, is a Cooperative Society registered under the Cooperative Societies Act 1965 and village Khatauli falls within the area of its operation. A meeting of the members of the village, for electing delegates of the Society, took place on 27th September 1977 in which, it is said petitioner Mahipal Singh was elected as one of the delegates. Respondent No. 5 Brahma Pal filed an application for arbitration before the Registrar of the Cooperative Societies. He claimed that the meeting of the members of the Society belonging to village Khatauli, held on 27th September 1977, for electing delegates, was illegal. He accordingly prayed that the proceedings of the meeting be cancelled and election of the delegates be declared to be invalid. In his application, claiming arbitration, Brahmapal impleaded the Society, Ganna Gram Sevak Gram Jandheri and Sri Satyapal Singh, Gram Sarpanch, Ganna Panchayat, as opposite parties, but did not implead Mahipal Singh, whose election he was seeking to be declared invalid, as an opposite party. In due course, the matter was referred to the arbitration of the Sub-Divisional Officer, Jansath, who, by his award dated 1st December, 1977 held that the election of Mahipal as a delegate was invalid for the following reasons :- (1) In the meeting dated 27-9-1977 the proceedings for electing the delegate had taken place on the basis of voters list, as it stood on 30-6-1976 instead of the voters list as it stood on 30th June 1977. (2) Requisite proclamation pronouncing the time and place of the meeting, at least 3 days before it, as required by byelaw No. 37, had not been made. (3) Chairman of the meeting who was fully responsible for conducting the same had adjourned it on the ground that there was an apprehension of breach of peace. and as such no election in fact took i place.
(3.) MAHIPAL Singh who has filed this. petition claims that the award made by the arbitrator setting aside his election, without making him a party and without. affording him an opportunity to be heard, is illegal and is liable to be quashed. Learned counsel for the respondents, however, raised a preliminary objection to the maintainability of this, petition. He urged that the Sub-Divisional Officer Jansath had made the impugned award under Section 71 (1) of , the Cooperative Societies Act. According to Section 98 (1) (h) read with Section 98 (2) (b) of the Cooperative Societies Act, an appeal against such an award lies before the Registrar. As the Cooperative Societies Act provides for a procedure for obtaining redress of the nature claimed by the petitioner the present petition can not as provided by Art. 226 (3) of the Constitution, be entertained.;