Raj HC | Petition under Art. 226 cannot be entertained where an alternate statutory remedy is available

Rajasthan High Court: Ashok Kumar Gaur, J. dismissed the writ petition filed against the order passed by the Registrar, Cooperative Societies-cum Registrar Institution exercising the powers inferred upon him under Section 24 of the Rajasthan Sports (Registration, Recognition and Regulation of Association) Act, 2005.

The respondent had issued a notice against the petitioners under Section 24 of the said Act with respect to the powers inferred upon him. The petitioners herein subsequently filed a civil writ petition challenging the notice issued by the respondent. The Court refused to interfere in the writ petition and dismissed the same. Further, when the petitioner approached the respondent, he then issued an order against the petitioner regarding disqualification. The petitioner then filed the current writ petition questioning the jurisdiction of the respondent Registrar under the Act of 2005.

The counsel for the petitioner, S.S. Hora, contended that the respondent does not have the jurisdiction for disqualification; instead, he can conduct fresh elections. It was contended that under Article 226 of the Constitution of India, High Court has the discretion to entertain a writ petition where there has been a violation of fundamental rights or principles of natural justice.

The learned counsels for the respondent, M.S. Singhvi, Darsh Pareek, Rajendra Prasad, Karan Tiberwal and S.S. Raghav, contended that the respondent Registrar was competent to issue such notice and order with respect to powers conferred upon him. It was further contended that the writ petition should be dismissed as the petitioner had other alternative remedies.

The Court noted that the first writ petition filed by the petitioner had been dismissed on the ground that the power invoked by the Registrar, could not be faulted for conducting enquiry. It was observed that when the respondent had passed the impugned order exercising his power under Section 24 of the Act, the proper course open to the petitioner was to file an appeal under Section 35 of the Act.

It was opined that the remedy provided to any aggrieved person against the order passed by the Registrar, is a statutory remedy and writ jurisdiction in such cases straightaway cannot be exercised.

Relying on the Judgment in Agarwal Tracom Pvt. Ltd v. Punjab National Bank, (2018) 1 SCC 626 it was held that a High Court will ordinarily not entertain a petition under Article 226 of the Constitution if an effective remedy is available to the aggrieved person. Consequently, the writ petition was dismissed. [District Cricket Association v. Deputy Registrar, Cooperative Societies, 2019 SCC OnLine Raj 3121, decided on 24-09-2019]

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