Allahabad High Court
WRIC/12364/2025 of DEV NARAYAN PANDEY Vs STATE OF U.P. THRU. SECY. COOPERATIVE LKO. AND 5 OTHERS on 18 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 12364 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. We have heard learned counsel for the petitioner, learned Standing Counsel for the State Respondents and Sri Rajeiu Kumar Tripathi, learned counsel
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - C No. - 12364 of 2025
Court No. - 2
HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J.
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1. We have heard learned counsel for the petitioner, learned Standing Counsel for the State Respondents and Sri Rajeiu Kumar Tripathi, learned counsel appearing on behalf of the opposite party no.6.
2. This writ petition has been filed with the following main prayers:- "i. to issue a writ, order or direction in the nature of certiorari for quashing of the entire proceeding of no confidence motion dated 05.12.2025 of Sadhan Sahkari Samiti B Pax Bhilaura, Block Fakharpur, Tehsil Kaiserganj, District Bahraich and election of the opposite party 6 dated 05.12.2025 as Chairman of Sadhan Sahkari Samiti B Pax Bhilaura Basu, Block Fakharpur, Tehsil Kaiserganj, District Bahraich after summoning the same.
ii. to issue a writ, order or direction in the nature of certiorari for quashing of the order dated 10.11.2025 passed by the District Magistrate Bahraich after summoning the same."
3. A preliminary objection has been raised by learned counsel for the respondent no.6 that this writ petition is not maintainable in view of Section 70 of the Uttar Pradesh Cooperative Societies Act, 1965 providing a statutory remedy of arbitration to the petitioner.
4. Learned counsel for the petitioner says that statutory remedy will be Versus Counsel for Petitioner(s) : Gyanendra Pathak Counsel for Respondent(s) : C.S.C., Rajeiu Kumar Tripathi Dev Narayan Pandey .....Petitioner(s) State Of U.P. Thru. Secy. Cooperative Lko. And 5 Others .....Respondent(s)
of no use to the petitioner as the petitioner is challenging the order on the grounds of non-providing of opportunity and violation of principles natural justice.
5. We are not convinced with the argument of counsel for the petitioner. The petitioner can file his application under Section 70 of the Uttar Pradesh Cooperative Societies Act, 1965 and the Arbitrator can also look into such grievance as raised by the petitioner as this writ petition involves disputed questions of fact which can appropriately be considered by the Arbitrator first.
6. This writ petition is disposed of, accordingly. December 18, 2025 Darpan Sharma WRIC No. 12364 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench