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TMI Blog2004 (4) TMI 621X X X X Extracts X X X X X X X X Extracts X X X X ..... it petition filed by them before the High Court. There was further direction given by the High Court that there may have been many members to whom similar demands have been sent. They were also entitled to refund of any payment taken by the society from them. Writ application was filed by the respondents with prayer to quash the order dated 1.2.2003 issued by the Election Officer of the appellant-society and for setting aside the orders dated 23.1.2003 passed by him and for a direction for carrying out fresh inquiry regarding defaulters. They had filed nomination for the post of President, Member and Vice-President of the society for the election which was scheduled to be held on 1.2.2003. A bare reading of the writ petition shows that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yer in the writ petition was to the following effect: (i) Issue a writ in the nature of Mandamus or any other like writ or order or direction directing the second and the third respondent to enquire into the alleged List of Defaulters submitted to them by the present Managing Committee of the Society; (ii) Issue a writ in the nature of Mandamus or any other like writ or direction or order directing the second and the third respondent to prepare, after holding the necessary enquiry, a fresh and actual List of Defaulters of the members of the Society; (iii) Issue a writ of Certiorari or any other like writ or direction or order quashing the Notification dated 6.01.2002 proposing to hold elections of the Managing Committee of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iven for refund and in favour of those who have not approached the Court also, as though it is deciding statutory Arbitration proceedings, envisaged under the Co-operative Societies Act concerned. It was no body s case that any other person has been illegally asked to pay, or that any such collection has been illegally made. Direction for refund to other members is without application of mind and totally uncalled for. The records and correspondences were apparently called for. If the High Court wanted to decide the matter it should have been done after looking into them which has not been done. Even such decision, as noticed above, should be made subject to any adjudication in the Statutory Arbitration proceedings and not to decide finally ..... X X X X Extracts X X X X X X X X Extracts X X X X
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