CHOTHU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HRARD. The contention of Mr. Joshi is that in this case election of certain members of the Cooperative Society was declared to be void. Consequently, the election of the President, Vice President and other Office bearers of the Cooperative Society was also set aside. Against that order an appeal was preferred before the Cooperative Tribunal and the Cooperative Tribunal was pleased to stay the operation of the aforesaid order of the Senior Assistant Registrar, dated 28. 10. 91 vide his order dated 2. 11. 91. However, in the meanwhile on 29. 10. 91, the Senior Assistant Registrar, feeling that the members whose election has not been set aside cannot affectively function because they cannot form quorum, he superseded the committee and appointed an Administrator vide Annex. 2 and Shri Mahendra Singh Sharma has taken over his charge as Administrator of the aforesaid Society Dhanasiya Gram Seva Sahkari Samiti Ltd. Dhanasiya. Against that order Annex. 2 an appeal was filed before the Hon'ble Minister and the Hon'ble Minister has stayed the operation of Annexure 2.

(2.) THE Contention of Mr. Joshi is that this order of the Minister is without jurisdiction, no appeal could lie to him. An appeal-against setting aside the election is already pending before the Tribunal and according to him the Tribunal has issued no stay order. That contention of course, does not appear to be correct because the Tribunal has already issued a stay order on 2. 11. 91 staying the execution of the order dated 28. 10. 91 meaning thereby that the order dated 28. 10. 91 does not exist and the members whose election was set aside through this order stand restored back to their position as the elected members as also the President and other Office bearers of that society.