BANARAM KIRPALDAS Vs. REGISTRAR CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) THIS is an application under Art. 226 of the Constitution of India.

(2.) SOME of the displaced persons from West Pakistan formed a Sindhi Co-operative Housing Society Ltd. , with the object of constructing dwelling houses with the aid of Government loan. It was registered under sec 9 of the Jaipur Co-operative Societies Act (Act No. XXVI of 1934.) This Act was subsequently repealed and replaced by the Rajasthan Co operative Societies Act (No. IV of 1953 ). Certain dissensions among the members of the Managing Committee took place, and the Registrar, Co-operative Societies, Rajasthan in exercise of the powers under sec. 51 of the Rajasthan Co-operative Societies Act passed an order on the 9th of June, 1954, that the Managing Committee of the Sindhi Co-operative Housing Society Ltd. , Jaipur, be dissolved with immediate effect. He appointed Shri Daulat Ram Saini, Deputy Registrar, Co-operative Societies, Rajasthan Shri C. B. Desai, Executive Engineer, P. W. D. , B. &r. , (Rehabilitation) and Shri V. K. Bhatnagar, Loan Officer Rehabilitation Department, Jaipur, to manage the affairs of the said Society for a period of three months. Mr. Saini was directed to work as chairman of this nominated Committee The nominated Committee was authorised to exercise all the functions of the Managing Commi-ttee or of any officer of the Society, and to take all such actions as may be required in the interests of the Society. Mr. Banaram Kirpaldas preferred this application on the 19th August, 1954 challenging the validity of the aforesaid order on the ground that the order was passed mala fide without any reasonable grounds for the satisfaction of the Registrar that the Mana-ging Committee of the Society was not functioning properly, in which case alone he was authorised to dissolve the Managing Committee and to appoint any person or persons to manage the affairs of the Society.