Petitioners sought membership acceptance by a Central Co-operative Society after their application was rejected. The Court declined to direct the Registrar to treat the grievance as an election dispute, leaving remedies to appropriate legal forums.
No direction issued to Registrar; Petitioners advised to seek remedy in appropriate forum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) NO. 16090 OF 2022
Raghab Siya and others
…. Petitioners
Mr. Sidharth Prasad Das, Advocate
-versus-
State of Odisha and others
…. Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
15.09.2022
being the members of the said society. Referring to Section 16(2) of the Odisha Co-operative Societies Act, 1962, learned counsel
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for the Petitioners submits that if no communication is made by the Central Co-operative Society within thirty days from the date of submission of the application to be the members of the said society, they are deemed to be the members of the said cooperative society. Thus, the Petitioners were under impression that Aska Service Co-operative Society has become a member of Central Co-operative Society, namely, Opposite Party No.4. But, from the electoral roll prepared for the ensuing election of Opposite Party No.4-Society, they came to know that they are not the members of Central Co-operative Society. Hence, the Petitioners made a representation to the Registrar, Co-operative Society-Opposite Party No. 2 to redress their grievances and accept them as members of Aska Co-operative Sugar Industries Ltd. He, therefore, prays that a direction may be made for early disposal of said representation treating to be an election dispute case under Section 68 of the Act in terms of Section 16(2) of the Act.
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so aggrieved, may work out their remedy under law in the appropriate forum.
Urgent certified copy of this order be granted on proper application.
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1 issue framed by the court
Whether a direction must be issued to the Registrar to treat the pending representation as an election dispute case under Section 68 of the Act.
2 provisions across 1 enactments
Raghab Siya and others
State of Odisha and others
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
