STATE OF RAJASTHAN Vs. SWAROOP RAM

JUDGEMENT

(1.) THIS special appeal is directed against a judgment and order dated November 14, 1994 passed by a learned Single Judge of our Court in S.B. Civil Writ Petition No. 2344/90.

(2.) THE writ petitioner -respondent Swaroop Ram filed a writ application impugning show cause notices dated 31.5.1990 and 1.6.1990 issued by the Joint Registrar, Cooperative Societies, Jodhpur Division, Jodhpur contending inter -alia that the said Joint Registrar had no authority to issue such show cause notices. The show cause notices were issued by the Joint Registrar in exercise of the powers conferred upon him under Section 32(1) of the Rajasthan Cooperative Societies Act, 1965. According to the provisions of the said Act, if in the opinion of the Registrar, any resolution passed at the meeting of any Cooperative Society or Committee thereof, was opposed to the objects of the Society or was prejudicial to the interest of the Society, the Registrar, after giving the Cooperative Society an opportunity of being heard, by passing an order in writing could rescind the resolution in whole or in part specifying the reasons therefore. In the instant case, the notices referred to were issued by the Joint Registrar, Cooperative Societies, Jodhpur as a delegated authority of the Registrar calling upon Jodhpur Central Cooperative Bank, Jodhpur through its Managing Director to show cause as to why the resolutions passed by the Bank in its meeting held on 26,5.1990 and 27.5.1990 should not be rescinded being prejudicial to the interests of the Society.

(3.) THE learned Single Judge, who heard out the writ application, by his judgment and order dated November 14, 1994 held inter -alia that the Joint Registrar was entitled to form an opinion so as to issue a notice under Section 32 of the Rajasthan Cooperative Societies Act, 1965 for rescinding the resolutions impugned dated 26.5.90 and 27.5.90 and further held that the writ application preferred against the show cause notices was rather pre -mature, inasmuch as, only show Cause notices were issued to the writ petitioner -respondent. The learned Single Judge held that the Cooperative Bank through its existing Board of Directors was liable to show cause in pursuance of the notices impugned as issued by the Joint Registrar, Cooperative Societies, Jodhpur Division, Jodhpur, but the controversy would ultimately be sent for adjudication to the Registrar, Cooperative Societies, Rajasthan, Jaipur, who would decide the dispute in between the parties after affording reasonable opportunity of being heard, keeping in view the observations made in the writ Court. It was observed inter -alia by the learned Single Judge that since the Joint Registrar, Cooperative Societies, Jodhpur Division, Jodhpur was one of the nominated Directors of the Bank, it would therefore not be proper in the interests of justice that he should take a final decision in the matter.