GANPAT RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition has been filed challenging the order dtd. 18/1/2023, whereby the Deputy Registrar has declared the petitioner ineligible on account of default in payment of dues to the society.

(2.) The case of the petitioner is that the petitioner obtained a loan from the society and he has paid the loan amount of Rs.28,593.00 with interest on 8/9/2022. The society has not declared him as a defaulter and as soon as the dues list was prepared by the society, he paid the dues amount. The present impugned proceedings have been taken up on the basis of a complaint made by one of the contestants in the election. On the basis of such complaint, the Registrar decided the reference of dispute without any evidence and without following the procedure contained under the Rajasthan Cooperative Societies Act, 2001 (hereinafter referred to as 'the Act of 2001') and the Rajasthan Cooperative Society Rules, 2003 (hereinafter referred to as 'the Rules of 2003').

(3.) The case of the respondents, including the private respondents, is that the petitioner filed his nomination on 6/9/2022 to contest elections to the post of Member of the Executive Committee of the Society and as per the provision of the Act of 2001, whereunder if there is continuous default of three months, the member incurs consequences of default. The petitioner failed to make payment of the loan amount for more than three months as on the date of filing of the application for nomination, and all dues were paid two days subsequent to filing of nomination. As such, the acceptance of nomination by the election officer is incorrect, and he ought to have disqualified the petitioner, and such action of the election officer has been assailed before the Registrar by way of a reference under Sec. 58 of the Act of 2001 and the Registrar decided the reference by affirming that the petitioner incurred ineligibility.