ANIL KUMAR SHISHODIA Vs. RAJASTHAN STATE COOPERATIVE TRIBUNAL

JUDGEMENT

(1.) This writ petition is directed against order dated 1.12.10 of Rajasthan State Cooperative Tribunal, Jaipur ('the tribunal'), whereby an appeal preferred by the petitioner against award dated 22.3.10 passed by the Arbitrator (Secretary, Doongarpur District Cooperative Land Development Bank Ltd., Doongarpur) declaring the petitioner's election as Member and Chairperson of Board of Directors of Chittorgarh District Cooperative Land Development Bank ('respondent bank') invalid and void, stands dismissed. The respondent-bank is a cooperative society incorporated and registered under the Rajasthan Cooperative Societies Act, 2001 (for short 'the Act'). Subject to the provisions of the Act and the Rules made thereunder, functions of every cooperative society are regulated by a set of Bye-laws registered under the Act. The final authority in a cooperative society, subject to the provisions of the Act and the Rules, vests in the general body of the members. However, the management of the affairs of the society is entrusted by general body to a Management Committee constituted in accordance with the Bye-laws.

(2.) The elections of the Management Committee of the respondent-bank i.e. Board of Directors became due in the year 2009. The elections were notified and the Returning Officer was appointed to conduct the elections. The petitioner, a member of the respondent bank contested the election to the office of Director in election held on 22.9.09 and was declared elected. Thereafter, elections for the office of Chairperson and other office bearers of Management Committee were held. The petitioner contested the election for the office of Chairperson of the Board of Directors of the respondent-bank and was declared elected to the said office defeating respondent No. 6 Narayan Singh.

(3.) The defeated candidate, respondent No. 6 herein, raised an election dispute challenging the election of the petitioner as Director as well as Chairperson of the respondent-bank before the Joint Registrar, Cooperative Societies, Udaipur Division, Udaipur, under the provisions of Section 58 of the Act. The Joint Registrar exercising the power conferred by Section 60 of the Act referred the dispute for disposal to the respondent No. 2 Shantilal Sharma, Secretary, Doongarpur Zila Bhumi, Vikas Bank Ltd., Doongarpur, as Arbitrator.