IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 1951 of 2008 DATED: 5.2.2008 Between: Bajranglal Vyas petitioner And The Hyderabad Coop Central Trading Society Ltd Hyderabad Rep by its General Manager and ors Respondents THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 1951 of 2008 ORAL ORDER: This writ petition is filed questioning the proceedings dated 31.12.2007 issued by the Commissioner and Registrar of Co-operative Societies, rejecting the arbitration reference made by petitioner under Section 84 of the Multi State Co-operative Societies Act, 2002 (for short the Act), as not maintainable. The petitioner is a member of the first respondent, which is a multi-state co-operative society. The petitioner contends that persons who acquired disqualification and persons who are not even members of the first respondent-society, are functioning as Directors of the first respondent-society. Since the first respondent-society, is being managed by ineligible persons, he submits that the Managing Committee of the first respondent-society should be dissolved, and fresh elections should be held, and until then the Managing Committee should not be allowed to function. So contending, the petitioner made an Arbitration Reference to the authority under Section 84 of the Act, requesting to dissolve the Managing Committee and hold fresh elections, and until then the Managing Committee of the first respondent-society, be stopped from functioning. However, the tenth respondent, namely the Commissioner and Registrar of Cooperative Societies, on consideration of the matter issued proceedings dated 31.12.2007 returning the reference as not maintainable under Section 84(1) of the Act. Hence, the petitioner filed the present writ petition. Today when the matter is taken up, the learned Government Pleader for Co-operation submitted that under Section 84(1)(b) of the Act, only disputes between a member and the society can be raised and since the petitioner has raised certain disputes with regard to the disqualification of members, who are functioning as Directors of the first respondent, the arbitration reference filed by the petitioner is not maintainable, and as such, the same was returned by the tenth respondent, and no interference is called for therewith. He, however, submitted that the petitioner can approach the Central Registrar under Section 122 of the Act. Heard the learned counsel for petitioner and learned Government Pleader for Co-operation, and both of them agreed for disposal of the writ petition at the stage of admission itself. The petitioner in the arbitration reference sought enquiry into the aspect of disqualification suffered by the Directors of the Managing Committee of the first respondent-society, on the ground the Directors, who are arrayed as unofficial respondents, are either not members or ceased to be members of the first respondent. Under Section 84(1)(b) of the Act, any dispute touching the constitution, management or business of a multi-state co-operative society arises between a member, past members and persons claiming through a member, past member or deceased member and the multi-state co-operative society, its board or any officer, agent or employee of the multi-state co- operative society or liquidator, past or present, or such dispute shall be referred to arbitration. Since in the instant case, the dispute raised by the petitioner is not against the society, but against the Directors who are in the Managing Committee of the first respondent-society, who the petitioner contends acquired disqualification and are not entitled to continue as Directors, I am of the considered opinion that the tenth respondent, having regard to the provisions of Section 84(1)(b) of the Act, has rightly refused to entertain the arbitration reference filed by the petitioner, and no exception can be taken thereto. Hence, the writ petition is dismissed. However, as stated by the learned Government Pleader for Co-operation, the petitioner is at liberty to approach the Central Registrar under Section 122 of the Act by way of appropriate representation for redressal of his grievance. No costs. ____________ N.V.RAMANA,J DATE: 5.2.2008 TVK THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 1951 of 2008 DATED: 5.2.2008