BHOM RAJ Vs. STATE

JUDGEMENT

(1.) By this writ petition, the petitioner seeks a direction to quash the order dt. 16-2-1994 (Annexure 2), passed by the Assistant Registrar disqualifying the petitioner u/S.34(7A) of the Rajasthan Co-operative Societies Act, 1965.

(2.) Breifly stated the facts of the case as alleged by the petitioner are that he was elected as Chairman of Barsinghsar Gram Seva Sahakari Samiti on 20-1-1991 and represented his Society Shri Barsinghsar Gram Seva Sahakari Samiti in the election of the Central Coop. Bank as President of the primary society. 'It is alleged that the petitioner was elected as Chairman of the Central Cooperative Bank on 15-9-1992 and since then he is working. It is also alleged that after the election of the petitioner as Chairman, the non-petitioner No. 4 along with some other persons challenged the election under Section 75 on the ground that he is disqualified under Section 34(7A) of the Rajasthan Cooperative Societies Act, 1965 (hereinafter referred to as the Act), which was dismissed by the Joint Registrar vide order dated 18-5-1993 (Annexure 1). Thereafter, the non-petitioner No. 4 moved an application under Section 34(7A) of the Act on 1-1-1994 before the Assistant Registrar, which remained pending and after settling bargain of his transfer from Bikaner to Jaipur he passed the impugned order as per the desire of non-petitioner No. 4 disqualifying the petitioner under Section 34(7A) on 16-2-1994 vide Annex: 2. Being aggrieved with the said order, the petitioner Bhom Raj has approached this Court under Art. 226 of the Constitution.

(3.) The writ petition has been filed on 18-2-1994 and listed before the court on 21-2-1994. On that date Mr. M.S. Singhvi appeared for the caveator and prayed for time to file reply and the case was adjourned. Reply was filed on behalf of N..P. No. 4 and rejoinder was also filed. As agreed by the learned counsel for the parties the case was heard finally..