MATHURA LAL NAGDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition is directed against the notice dated 26.9.14 issued by the Registrar, Cooperative Societies proposing to appoint Administrator to manage the affairs of Udaipur Zila Sahakari Bhumi Vikas Bank Limited (for short 'the Bank'), Udaipur. The petitioner has further prayed that the respondents be directed to conduct the election of Executive Committee of the Bank, forthwith.

(2.) At the outset, learned counsel appearing for the petitioner submitted that pursuant to the impugned notice, the respondents have already appointed the Administrator to manage the affairs of the Bank and therefore, the writ petition so far as it relates to challenge to the notice proposing to appoint the Administrator, has rendered infructuous.

(3.) Learned counsel submitted that as per the mandate of provisions of Section 34 of the Rajasthan Cooperative Societies Act, 2001 (for short "the Act") on written request being made by the Chief Executive Officer of the Cooperative Society, the State Cooperative Election Authority is under an obligation to conduct election of committee six months before the expiry of the term of the existing committee. Learned counsel submitted that the term of the Executive Committee of the Bank had expired on 22.9.14 and the Chief Executive Officer of the Bank has already sent a written request to the State Cooperative Election Authority vide communication dated 12.5.14 to conduct the election of the Bank, however, defying the mandate of provisions of Section 34 of the Act, no steps have been taken by the State Cooperative Election Authority to conduct the election till this date and therefore, appropriate directions deserve to be issued to the respondents and the State Cooperative Election Authority to conduct the election of the Executive Committee of the Bank within the specified time, as may be fixed by this court.