- (1.) The writ petition challenges the agenda item placed before the Board of Administrators of the Haryana State Cooperative Supply and Marketing Federation Limited. The petitioner's contention was that the issue of consideration for promotion of 4th respondent was to be made in that resolution, which proposal, if approved, would constitute a violation of the relevant Rules relating to promotion. The petition ought to fail principally for the reason that there exists no present cause of auction for the petitioner to approach the Court. A qua time action to secure an order of injunction is known to law of torts to prevent an apprehended injury but is unknown to service jurisprudence. Even before a decision is taken, it is not possible for any Court to say that a decision that is possible for being taken, ought not to be taken. The writ petition is premature.
(2.) Even otherwise, a writ petition cannot be maintained against the action of a Federation in bringing any resolution so long as it is not affected by objects extraneous to a resolution which the Board of Administrators could consider. The writ petition under Article 226 itself cannot be maintained against the Federation without resorting to the provisions of the Cooperative Societies Act which allows for a State intervention if the action of the Administrators is legally suspect. A Division Bench of this Court has also considered the issue in Ram Kumar Vs. The Registrar, Cooperative Societies, Haryana, Panchkula and others,2009 1 PCR 289 where the challenge was to a resolution passed by a Board of Directors in Primary Cooperative Society and the Court held that a writ petition was not maintainable. The Division Bench held that if the Managing Committee has passed an order contrary to the bye-laws of the Society or the provisions of the Rules or against the interest of the Cooperative Society, the effective alternative remedy had been provided under Section 27 of the Act where a Registrar could rescind any resolution of a Managing Committee of Cooperative Society if the same was found in excess of the powers conferred under the Act. The exceptional situation that the Division Bench noted under Article 226 and 227 was spelt out in three contingencies: (a) where the writ petition seeks for enforcement of any fundamental right; (b) where there is a violation of principles of natural justice and (c) where the orders or proceedings are wholly without jurisdiction or in excess or ultra vires the Act. The petitioner's case cannot be fitted into any of the exceptional circumstances which the Bench has laid down.
(3.) The petitioner's remedy will be before the Registrar, Cooperative Societies and reserving the petitioner such liberty, the writ petition is disposed of.;