Writ jurisdiction — Co-operative societies — Maintainability — Co-operative societies not “State” within meaning of Article 12 — Mere statutory regulation or supervisory control insufficient to confer status of “State” — Disputes relating to internal management and elections of co-operative societies do not ordinarily attract writ jurisdiction — Writ petitions not maintainable. (Paras 14.1–14.5, 14.8–14.9)

advocatemmmohan

Constitution of India — Article 226 — Writ jurisdiction — Co-operative societies — Maintainability —

Co-operative societies not “State” within meaning of Article 12 — Mere statutory regulation or supervisory control insufficient to confer status of “State” — Disputes relating to internal management and elections of co-operative societies do not ordinarily attract writ jurisdiction — Writ petitions not maintainable.

(Paras 14.1–14.5, 14.8–14.9)

---

Article 226 — Alternative remedy — Election disputes —

Where statute provides complete and efficacious mechanism for adjudication of disputes relating to elections and management of co-operative societies, writ jurisdiction ought not to be invoked — Parties must exhaust statutory remedies under the Act.

(Paras 15–15.6, 15.11–15.12)

---

Co-operative societies — Bye-laws — Nature and scope —

Bye-laws framed under statute govern internal management, representation and participation in elections — Though not having force of statute, they are binding inter se members and operate within statutory framework.

(Paras 17.3–17.4)

---

Elections — Right to vote and right to contest — Distinction —

Right to vote and right to contest elections are distinct — Both are statutory rights — Right to contest is subject to qualifications, eligibility conditions and disqualifications — Not absolute.

(Paras 18–18.2)

---

Elections — Eligibility vs disqualification — Distinction —

Eligibility conditions operate at threshold stage governing entry into electoral process — Disqualifications operate as statutory disabilities after eligibility — Impugned bye-laws prescribing conditions relating to performance and participation constitute eligibility criteria, not disqualifications.

(Paras 19–19.3, 19.6)

---

Co-operative societies — Elections — Eligibility criteria — Validity —

Conditions such as:

• audit classification,
• minimum operational activity,
• minimum supply requirements

are rational, objective and linked to efficient functioning of co-operative institutions — Such criteria valid as eligibility norms.

(Paras 19.3–19.4)

---

Judicial review — Error of High Court —

High Court erred in:

• entertaining writ petitions,
• bypassing statutory remedies, and
• treating eligibility conditions as disqualifications —

Interference with valid bye-laws unsustainable.

(Paras 14.9, 19.5–19.6)

---

RATIO DECIDENDI 

Writ jurisdiction under Article 226 cannot ordinarily be invoked in disputes relating to internal management and elections of co-operative societies, particularly where a complete statutory remedy exists; eligibility conditions prescribed by bye-laws for contesting elections, being distinct from disqualifications, are valid regulatory measures and do not infringe any statutory or constitutional right.

---

RESULT

• Appeal allowed
• High Court judgment set aside
• Validity of bye-laws upheld

(Conclusion paras)