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Wednesday, November 20, 2013

Cooperative Appellate Courts

Under various Cooperative Societies Acts States Cooperative Appellant
Courts and Tribunals have been constituted in almost all states. These
generally consist of the President and such other members as the state
governments may, from time to time, consider necessary.

The Cooperative Societies Acts have established Cooperative
Courts to hear disputes touching upon the Constitution, elections, of
the committee or its officers other than elections of committees of
the specified societies including its officers, conduct of general
meetings, management of the business of a society, which acts be
referred to by any party/parties to the dispute or by a federal
society to which the society is affiliated or by a creditor of the
society to a Cooperative Court. The Cooperative Courts have
jurisdiction over the respective state or any part thereof.

A Cooperative Court hearing a dispute under the Cooperative
Societies Act has been invested with the power to summon and enforce
attendance of witnesses including the parties interested or any of
them and compel them to give evidence on oath, etc. in the same manner
as is provided in the case of Civil Courts by the Code of Civil
Procedure, 1980.

If any party is aggrieved by any decision or order of the
Cooperative Court or the Registrar, the appeal lies to the Cooperative
Appellate Court. The orders passed in appeal or in revision by the
Cooperative Appellate Courts are final and conclusive and cannot be
called in question in any civil or revenue court. But the jurisdiction
of High Court under Articles 226 and 227 and the Supreme Court under
Article 136 of the Constitution is not affected and the aggrieved
party can approach the High Court and the Supreme Court in appropriate
cases.
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