Alternative statutory remedy and policy domain limit writ interference over omission of requisitioned agenda items.

Where an efficacious statutory remedy is available, writ jurisdiction will ordinarily not be invoked to challenge omission of requisitioned items from an extraordinary general meeting agenda. The court noted that the requisitionists were not excluded from the scope of the Companies Act provisions, but the respondents had explained the omission on the basis that some matters had already been acted upon, some fell within the council's domain, and others involved government policy. As the grievance could be pursued through statutory and administrative remedies and part of the dispute concerned policy matters, interference to compel inclusion of the items was not warranted.

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Issues: Whether the writ petition was maintainable in view of the alternative remedy under section 186 of the Companies Act, 1956, and whether the non-inclusion of the requisitioned items in the agenda of the extraordinary general meeting warranted interference.

Analysis: The requisitionists under section 169 of the Companies Act, 1956 were held not to be excluded from the scope of section 186 of the Companies Act, 1956. The Court also accepted that the respondents had explained the omission of several agenda items on the ground that some matters had already been acted upon, some fell within the Council's domain, and others lay within the Government's policy domain. Since the grievance involved matters that could be pursued through the statutory and administrative remedies and some issues implicated the garment policy, interference in writ jurisdiction was not warranted.

Conclusion: The writ petition was not maintainable in the circumstances and the challenge to the non-inclusion of the agenda items did not merit interference.

Final Conclusion: The petition was dismissed on the ground of availability of an alternative statutory remedy and absence of a basis for writ interference.

Ratio Decidendi: Where an efficacious statutory remedy is available and the dispute concerns matters within the statutory or policy domain of the authority concerned, writ jurisdiction will ordinarily not be invoked to compel inclusion of such matters in an agenda.

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