DHUDARAM Vs. STATE

JUDGEMENT

(1.) In this writ petition, an important question is involved about the powers of the State Government to nominate a committee in a co-operative society.

(2.) The petitioner, agriculturist by profession, is a member of the Bikaner Sahakari Upbhokta Wholesale Bhandar Limited, Bikaner (for short, 'the Bhandar- hereinafter) since the year 1963. The Bhandar which is a consumers' co-operative society, was registered as a co-operative society on January 23, 1963 under the provisions of the Rajasthan Co-operative Societies Act, 1965 (hereinafter called 'the Act') by registration No. 373 F. The petitioner has been a Chairman of the Bhandar twice and lastly, he was elected as such on August 20, 1976. As per by-law No. 11 (6) (2) of the By-laws of the Bhandar, the period of the Managing Committee Sanchalak Mandal is to be three years. The election had taken place on 20-8-1976 and the three years' period was to expire on August 20, 1979 but before the expiry of the aforesaid three-year term, under the provisions of Section 36 (1) (a) of the Act, the committee was removed and in its place, an Administrator was appointed.

(3.) In order to revive the old practice of holding elections of the democratic institutions within tbe scheduled time, the State Government took a decision and directed that the elections be held in all the co-operative societies all over Rajasthan on or bfore December 30, 1981. Hence, when the Administrator was functioning, one Anil Kumar Garg was appointed as Election Officer to conduct the elections of the representatives from amongst individuals members 'A' class of the consumers for the General Body In Rashtradoot dated November 3, 1981, the said Election Officer published the programme of the elections under which the final (provisional) electoral roll was to be published on 23-11-1981. Objections to the electoral roll were to be obtained on November 24,1981. The objections were to be heard on December 9, 1981 and a decision was to be given. Thereafter, the final electoral rolls were to be affixed on the notice board. The nomination papers were to be received on December 11, 1981 in between 10.00 a. m. to 2 00 p.m. The same day, they were to be scrutinized and a list of all the candidates was to be published. The withdrawal was to take place by December 14,1981 in between 2 to 5 p. m, and if necessary, symbols were to be allotted to the candidates. If necessary, elections were to be held on December 20,1981 from 8.00 a. m. to 4.00 p. m. in accordance with the earlier information dated July 9,1981. The aforesaid programme for elections was modified and the date for acceptance of membership forms was extended from 15-11-1981 to 19-11-1981.