BHOMRAJ Vs. STATE

JUDGEMENT

(1.) This special appeal is directed against the judgment of the learned single Judge dated 18-3-1994 whereby the writ petition filed by the petitioner-appellant has been dismissed with cost of Rs. 2,000.00.

(2.) The facts necessary to be noticed for the disposal of this special appeal briefly stated are: that the petitioner-appellant was elected as Chairman of Barsinghsar Lalamdeshar Gram Sewa Sahakari Samiti on 20-1-1991 and in the election of Central Cooperative Bank, Bikaner, he represented the Barsinghsar Laiamdeshar Gram Sewa Sahakari Samiti as its Chairman and was elected as Chairman of the Central Co-operative Bank, Bikaner on 15-9-1992 for a period of three years and since then, he is working as its Chairman to the utmost satisfaction of all concerned.

(3.) It is alleged that after the election of petitioner-appellant as Chairman of the Central Co-operative. Bank, Bikaner; respondent No. 4 Shri Mahendra Singh challenged the election of the petitioner-appellant under S.75 of the Rajasthan Co-operative Societies Act, 1965 (for short 'the Act) on the ground that the petitioner-appellant has incurred disqualification under S. 34(7A) of the Act. It is further alleged that the petitioner-appellant and respondent No. 4 Mahendra Singh belong to two different political parties and hence; it is a case of political rivalary. That petition under S. 75 of the Act, which was filed before the Registrar, Co-operative Societies, Jaipur was decided against respondent No. 4 Mahendra Singh vide Judgment Annexure-I dated 18-5-1993. Against that judgment, no appeal or revision was filed by respondent No. 4. However, in the meantime, the State Govt. changed and respondent No. 4 Mahendra Singh again moved an application under S. 34(8) of the Act before the Assistant Registiar on 1-1-1994 for declaring the petitioner-appellant as disqualified under S. 34(7A) of the Act. That application remained pending for some time and no . action was taken on it. In the meantime, it is alleged that a bargain was settled between the Assistant Registrar (respondent No: 2) and respondent No. 4 Shri Mahendrasingh that if the Assistant Registrar is transferred to Jaipur then the Assistant Registrar will declare the petitioner-appellant as disqualified under Section 34(7A) of the Act.