HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.26073 of 2009 ORDER: Heard Sri P.Srinivas, Learned Counsel for the petitioner and Sri Venkata Rangadas Kanuri, Learned Counsel for the 2nd respondent and, at their request, the writ petition is disposed of at the stage of admission. The relief sought for in this writ petition is to declare the action of the A.P. Cooperative Tribunal, Vijayawada in not reopening O.P.(SR) No.400 of 2009; and the action of the 1st respondent in proceeding with conduct of elections, to the post of six directors, in the 1st and 2nd week of December, 2009 without deciding the disqualification issue of the petitioner, as arbitrary and illegal. The petitioner seeks a consequential direction to the Tribunal to reopen O.P.(SR) No.400 of 2009 and dispose of the same on merits without insisting on the alternative remedy of arbitration. Facts, in brief, are that the 1st respondent by proceedings dated 23.11.2008 disqualified the petitioner as Director of the 1st respondent – Cooperative Union. Aggrieved thereby the petitioner filed a claim petition before the Arbitration Committee on 26.11.2008. The Committee, after hearing arguments, reserved orders on 19.8.2009. Since no orders were being passed, the petitioner filed O.P.(SR) No.400 of 2009 before the A.P. Cooperative Tribunal, Vijayawada to set aside the order of disqualification passed by the 1st respondent. The said O.P. was disposed of by order dated 15.10.2009 directing the Arbitration Committee to dispose of the claim petition within 20 days. The Arbitration Committee filed a memo on 4.11.2009 seeking extension of time to pass orders. They also filed M.P.137 of 2009 to set aside the order passed by the Tribunal on 15.10.2009. The petitioner filed M.P.(SR)475 of 2009 on 24.11.2009 requesting the Tribunal to recall its order dated 15.10.2009 on the ground that he had lost faith in the Arbitration Committee and that the Tribunal should hear and decide the O.P. on merits. As elections to the 1st respondent were fast approaching, and his disqualification precluded him from participating in the election, the petitioner invoked the jurisdiction of this Court by way of the present Writ Petition and this Court passed an interim order of suspension of disqualification for a period of 10 days which was subsequently extended until further orders by order dated 17.2.2010. Sri P.Srinivas, Learned Counsel for the petitioner, would submit that, as a result of the interim order passed by this Court, elections were held in December, 2009; the petitioner participated in the elections and was elected as Director; and subsequently as Chairman of the 1st respondent. Learned counsel would also bring to the notice of this Court that the Arbitration Committee, by proceedings dated 15.12.2009, had informed the petitioner that since he had expressed lack of faith in them, they did not wish to hear the matter. Learned counsel would submit that, since the Arbitration Committee is only an alternative forum, a direction should be issued to the Tribunal to decide the petitioner’s O.P. on merits after recalling its order dated 15.10.2009. Sri Venkata Rangadas Kanuri, Learned Counsel for the 2nd respondent, would submit that the Arbitration Committee was no longer inclined to adjudicate the claim filed by the petitioner in as much as he had expressed lack of faith in their neutrality and that the Tribunal be directed to pass orders in M.P.137 of 2009 filed by them. It is wholly inappropriate for this Court to issue a mandamus to the Tribunal to hear and decide the O.P. since M.P. (SR).No. 475 of 2009 filed by the petitioner to recall the order dated 15.10.2009, and M.P.No. 137 of 2009 filed by the Arbitration Committee to set aside the order dated 15.10.2009, are pending before the Tribunal. Ends of justice would be met if the A.P. Cooperative Tribunal, Vijayawada is directed to pass orders on M.P.(SR) No.475 of 2009 filed by the petitioner, and M.P.No.137 of 2009 filed by the Arbitration Committee, in accordance with law at the earliest and, in any event, not later than two months from the date of receipt of a copy of this order. It is made clear that till the Tribunal passes orders on both these M.Ps., the interim order passed by this Court in the present Writ Petition shall continue to remain in force. The Writ Petition is, accordingly, disposed of. No order as to costs. ____________ 01-06-2010 asp