Case BriefsHigh Courts

Allahabad High Court: The Division Bench of Surya Prakash Kesarwani and Dr Yogendra Kumar Srivastava, JJ., a dispute relating to the election of the Matsya Jivi Sahakari Limited, a co-operative society, cannot be called in question under writ jurisdiction of the High Court in light of the U.P. Co-operative Societies Rules, 1968 and the U.P. Co-operative Societies Act, 1965.

The instant petition was filed to seek a direction to decide the petitioner’s claim with regard to election proceedings of a co-operative society namely Matsya Jivi Sahkari Limited.

Standing Counsel appearing for the State respondents drew the attention of this Court to the provisions under Section 70 of the Uttar Pradesh Co-operative Societies Act, 1965 and the proviso to sub-section (1) thereof and also to Rule 444-C (2) of the Uttar Pradesh Co-operative Societies Rules, 1968, to contend that once an election of a co-operative society has been held, the remedy available to the aggrieved party is by seeking a reference of the dispute to the Registrar.

Bench noted that the manner of settlement of disputes is provided under Chapter IX of the Act, 1965.

Further, Section 70 is in respect of disputes which may be referred to arbitration and in terms thereof, the disputes specified under sub-section (1) are to be referred to the Registrar for action in accordance with the provisions of the Act and the rules and no Court shall have jurisdiction to entertain any suit or other proceedings in respect of any such dispute.

In terms of Section 70 (1), a dispute relating to an election under the provisions of the Act or the rules made thereunder, shall not be referred to the Registrar until after the declaration of the result of such election.

Adding to the above, Court also explained that Sub-rule (1) of Rule 444-C provides that the election in a co-operative society shall not be called in question either by arbitration or otherwise except on the grounds specified under clause (a) and clause (b) under sub-rule (1).

In terms of sub-rule (2) a dispute relating to an election shall be referred by the aggrieved party within forty-five days of the declaration of the result.

In the instant case, elections of the co-operative society in question were already held and the results thereof were also declared.

In view of the aforesaid facts and situation, any complaint, grievance or dispute which is being sought to be raised with regard to the elections, is to be referred to the Registrar on an appropriate application by the aggrieved party.

High Court in light of the above discussion of provisions held that:

“Any grievance, complaint or dispute relating to the election proceedings of a co-operative society can be called in question on the grounds specified under sub-rule (1) of Rule 444-C by applying for a reference by making an appropriate application under Section 70 of the Act, 1965.”

Since the whole mechanism with regard to the settlement of disputes in regard to a co-operative society election has been provided, Court is not inclined to exercise extraordinary jurisdiction under Article 226 of the Constitution of India.

Hence, the petition was dismissed. [Matsya Jivi Sahkari v. State of U.P., 2020 SCC OnLine All 1505, decided on 16-12-2020]

Case BriefsHigh Courts

Karnataka High Court: A Single Judge Bench comprising of Anand Byrareddy, J. allowed a criminal petition filed by a Muslim male holding that he was entitled to invoke the provisions of Protection of Women from Domestic Violence Act 2005 (DV Act).

The petition was filed under Section 482 CrPC by the petitioner, a male. Being aggrieved by certain acts of his wife and her family, the petitioner invoked the provisions of DV Act. Learned City Civil and Sessions Judge was not impressed by the action brought on behalf of the petitioner as in his opinion, the Act was heavily loaded in favor of women and it does not contemplate any male member being aggrieved by domestic violence. Feeling aggrieved, the petitioner approached the High Court.

In order to settle the issue, the High Court relied on the Supreme Court decision in Hiralal P. Harsora v.  Kusum Narottamdas Harsora, (2016) 10 SCC 165, wherein the Hon’ble Court had struck down a part of Section 2(a) of DV Act holding it to be violative of Article 14 of the Constitution, and the phrase ‘adult male’ as appearing in Section 2(q) stood deleted. The High Court observed that if the said sub-section is read after deletion of the expression ‘adult male’, it would appear that any aggrieved person, in terms of DV Act, whether male or female, is entitled to invoke provisions of the Act. Having stated thus, the High Court held that petitioner’s complaint could not have been trashed merely on the ground that the Act does not contemplate provisions for men. The petition was accordingly allowed. [Mohd. Zakir v. Shabana, Crl. Petition No. 2351 of 2017, dated 18.04.2018]

Update: By an order dated 28.04.2018, Byrareddy J. withdrew the above-mentioned order and restored the petition to the file.

The order reads as – “Notwithstanding Section 362 of Cr.P.C., the order rendered by this Court earlier on 18.04.2018 is found to be patently erroneous and therefore the order is withdrawn. The petition is restored to file and the registry is directed not to web host the order passed earlier and to take note of the fact that the order is withdrawn.” [Mohd. Zakir v. Shabana, Crl. Petition No. 2351 of 2017, dated 28-04-2018]