GULAB SINGH RATHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing present writ petition under Article 226 and 227 of the Constitution of India, the petitioner has prayed for following reliefs:-

(2.) Briefly stated facts of the case are that the petitioner is Chairman of Yogeshwar Grah Nirman Co-operative Society Ltd., Sirohi. The Yogeshwar Grah Nirman Co-operative Society Ltd., Sirohi (hereinafter referred to as 'Society') is registered cooperative Society under the provisions of Rajasthan Co-operative Societies Act, 1965 having registration No.403/W/dtd. 17/09/2019.

(3.) The Additional Registrar, Co-operative Societies, Jodhpur Zone, Jodhpur (hereinafter 'respondent No.2') served the Society with a notice dtd. 12/1/2023 under Sec. 30(1)(b), as per the provisions of Rajasthan Co-operative Societies Act, 2001 (hereinafter referred to as 'Act of 2001'). In the notice dtd. 12/1/2023, it was stated that the office of Co-operative Minister, Rajasthan, Jaipur received letters/ complaints from one Kanchan Devi, Sandeep, Nitesh and other plot holders against the Society alleging that the members of the Management Committee and Chairman are working against the interest of the Society. The office of respondent No.2 whereupon, conducted a preliminary inquiry (through Dalpat Dan Charan) against the Society and found that the Management Committee of the Society is not adhering to the provisions of the by-laws of the Society in grant and removal of the membership in the Society. Therefore, proceedings for dissolution of the Board of the Society had been proposed under Sec. 30 of the Act of 2001 and FIR had also been recommended against the Chairman, Managing Committee and Manager of the Society as they prepared forged documents. Respondent No.2 vide notice dtd. 12/1/2023 directed Chairman and members of the Managing Committee to submit their explanation upto 2 pm, on 30/1/2023.