ROOPRAM Vs. STATE

JUDGEMENT

(1.) This special appeal is directed against the order of the learned single Judge dated 15-1-1992 passed in S.B. Civil Writ Petition No. 126 of 1991, whereby while following a decision of this Court in Chaina Ram v. State of Rajasthan 1988 (1) RLR 343 : AIR 1989 NOC 12 (Raj), the learned single Judge has allowed the writ petition filed by petitioner-respondent No. 6 Shri Ramchandra and has quashed the order dated 4-11991 passed by Joint Registrar, Co-operative Societies, Jodhpur.

(2.) The facts, necessary to be noticed, for the disposal of this appeal briefly stated are: that elections for Mandukara Gram Sewa Sahkari Samiti Ltd., Mandukara were scheduled to be held in the month of December 1990. The Voters list was published on 3-12-1990. The petitioner-respondent No. 6 Ramchandra was one of the voters and was also one of the contestant for membership of the Managing Committee of the aforesaid Cooperative Society. It is alleged that 21 persons filed their nominations before the Returning Officer and the last date fixed for withdrawal of nominations was fixed as 17-12-1990. Out of 21 nominations filed before the Returning Officer, four were rejected and 9 persons withdrew their nominations and there remained only 8 nominations, which were found to be valid. According to the petitioner-respondent No. 6, only 8 members were to be elected for the Managing Board of the aforesaid Cooperative Society. As there are only 8 valid nominations, all the 8 persons were declared elected as Members of the Managing Board of the aforesaid Cooperative Society.

(3.) Thereafter, the Returning Officer issued notice on 17-12-1990 whereby he fixed 24-12-1990 as the date for election of Chairman, Vice-Chairman and for co-option of some members to the Managing Board. However, the elections could not take place on that date because the Returning Officer did not turn up. A protest was lodged with the Assistant Registrar, Cooperative Societies as also with the Deputy Registrar (Rules) Cooperative Societies Rajasthan, Jaipur, who in his turn wrote a letter to the Assistant Registrar, Cooperative Societies, Nagaur calling upon him to show cause why the Returning Officer did not attend the election-programme. Thereafter, the Assistant Regis trar issued a notice asking the Returning Officer to hold the elections on 7-1-1991.