RAM CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition filed under Article 226 of the Constitution, the petitioner Ramchandra has prayed for the following reliefs:- 1. that by an appropriate writ, order or direction, the order Ex.4 dated 26.3.1992 passed by the Deputy Registrar, Co-operative Societies, Bikaner as also the order Ex. 5 dated 28.3.1992 passed by the Election Officer to conduct the elections on 7.4.1992 may be quashed in toto and all proceedings in pursuance of these orders may also be treated as cancelled. 2. that by an appropriate writ, order or direction, the order of the Deputy Registrar, Co-operative Societies, Bikaner dated 22.1.1992 as also the appellate order Ex. 3 dated 12.3.1992 passed by the Additional Registrar, Co-operative Societies, Jodhpur may also be quashed and any appropriate writ, order or directions may be given which may meet the ends of justice in the case.

(2.) THE facts necessary to be noticed for the disposal of this writ petition briefly stated are : that the petitioner himself claims to be the Chairman of the Panchu Ram Sewa Sahkari Samiti, Village Panchu, Tehsil Nokha, District Bikaner. He has submitted that he received a memorandum of more than l//5th members of the General Body i.e. 416 members out of the total 1600 members to convene a general meeting of the General Body of the Society. It is alleged that in pursuance of this memorandum, a meeting of the Managing Committee of the Society was held on 7.2.1991 and in that meeting, a resolution was passed that the meeting of the General Body of the Society be held on 23.2.1991. In the meanwhile, on 20.2.1991, the Deputy Registrar, Co-operative, Societies, Bikaner informed that the resolution of the Managing Committee of the Society dated 7.2.1991 to convene a meeting of the General Body of the Society on 23.2.1991 is set-aside in exercise of his powers conferred under s. 32 (1) of the Rajasthan Co- operative Societies Act, 1965 (for Short 'the Act' ).

(3.) IT has been contended on behalf of the petitioner that respondents No. 4 to 9 have been expelled from the membership of the Society by its General Body and that resolution of the General Body of the Society expelling the respondents No. 4 to 9 from the membership of the Society has been cancelled by the learned Deputy Registrar vide his order dated 22.1.1992 in exercise of his powers under s. 32 (1) of the Act, which has been confirmed by the learned Additional Registrar vide his order Ex. 2 dated 12.3.1992 and thereafter, in pursuance of the directions given by the learned Deputy Registrar vide his order Ex. 4 dated 26.3.1992 to hold the elections of the Office bearers of the Society, the Election Officer has issued the election programme to be held on 7.4.1992 vide his order Ex. 5 dated 28.3.1992. He has further contended that the learned single Judge of this Court vide his order Ex. 1 dated 4.9.1991 has ordered to maintain the existing position but that order has also not been complied with and the petitioner is being deprived of his rights by persons who sought back-door entry in violation of s. 33 of the Act and have got themselves elected to the Managing Committee of Society with the help of the learned Deputy Registrar and the Additional Registrar. His contention is that such elections should only be held after such controversy regarding membership of persons is resolved by the Court and therefore, the order Ex.4 dated 26.3.1992 and Ex. 5 dated 28.3.1992 be quashed.