MAVLI CO-OPERATIVE SAHKARI SAMITI MAVLI Vs. SORAM

JUDGEMENT

(1.) THIS is a reference by the Additional Sessions Judge, Udaipur recommending that the order of learned Sub-divisional Magistrate, Vallabhnagar dated 27th May 1968 be set aside and he may be directed to issue necessary warrant Under Section 37 (1) of the Rajasthan Cooperative Societies Act, 1965.

(2.) IT appears that Alarakh and Amarchand newly elected Chairman and Secretary of the Mavli Samyukta Sahkari Samiti Ltd. , Mavli submitted an application on 22-2-1968 before the sub-divisional Magistrate, Vallabhnagar Under Section 37 (1) of the Raiasthan Cooperative Societies Act, 1965 (which will hereinafter be called "the Act" praying for issue of a warrant against the non petitioners Soram and others Under Section 37 (3) of the Act authorising any police officer not below the rank of a Sub-Inspector to enter and search the place where the records of the Samiti are kept and to seize such records and also to deliver the records so seized to the newly constituted Samiti. The learned Sub-divisional Magistrate summarily rejected this application on the ground that unless a report is received from the Assistant Registrar no order could be passed.

(3.) DISSATISFIED with the order of the learned Sub-divisional Magistrate the petitioners filed a revision application on which this reference has been made by the Additional Sessions Judge. Udaipur.