KANWAR PAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed this writ petition challenging two orders dated 25th July, 1986 (Annexures 1 and 2), wherein it exempted the provisions of Sections 30 and 31 of the Rajasthan Co-operative Societies Act 1965 (hereinafter called as "the Act") and ordered that the date fixed by the Election Officer shall be deemed to be the general meeting of a Co-operative Society (Annexure 1), and by another order of the same date (Annexure 2) exempted application of sub-tule (2) of Rule 32 of the Rajasthan Co-operative Societies Rules, 1966 (hereinafter referred to as "the Rules") and thus requirement of quorum for holding a meeting was also exempted. Shri S. K. Mathur, Assistant Registrar, Co-operative Societies, Khairthal was appointed Election Officer by the Joint Registrar, Co-operative Societies, Bharatpur vide order dated 13-4-1987 for conducting elections of the Members of the Committee (Board of Directors) and office bearers of Sawai Madhopur Central Co-operative Bank Ltd., Sawai Madhopur. The said Election Officer thereupon issued election notice (Annexure 3) giving out details of the programme for conducting elections viz. publishing provisional voters list, for inviting objections and .hearing the same, publishing the final voters list, receiving nominations, scrutiny and withdrawals from candidature, poll if necessary and thereafter elections of office bearers. Since members of the said Bank are Co-operative Societies they are represented by delegates appointed by them.

(2.) The petitioner, it is stated is a member of Mandawar Kraya Vikraya Samiti Ltd. (hereinafter called 'Mandawar Samiti') and is also one of its elected directors. This Society is a member of the aforesaid Bank and vide its resolution No. 2 dated 18-4-1987, the petitioner was appointed as its delegate for above mentioned elections of the Bank (Annexure 4). In the provisional list of voters published by the Election Officer relating to the Kraya Vikraya Sahakari Samiti Constituency, the name of the petitioner was included as delegate of the Mandawar Samiti. It is further stated in the petition that no objection was raised against the entry of the petitioner's name in the provisional list of voters during the period meant for raising objections or even thereafter. It is further stated that in the final list of voters issued on 1-5-1987, his name does not appear and instead name of one Brijesh Mahajan (Chaudhary) has been shown with respect to Mandawar Samiti.

(3.) The contention of Mr. B. L. Sharma, learned counsel for the petitioner is that sub-section (1) of Section 30 of the Act provides that the elections are to be held in the Annual General Meeting which is to be called by the Society. Section 3^ of the Act provides that the Committee (Board of Directors) has to be constituted by the general body of the Society as provided by the bye-laws. Certain mandatory functions for Annual General Meeting are provided in subsections (1), (2), (3) and (4) and penalties for default in calling the Annual General Meeting within the prescribed time in sub-sections (4) and (5) of Section 30 of the Act. In the Annual General Meeting, the members get an opportunity to discuss the affairs of the Society. It is therefore, contended by the learned counsel that in this view of the matter both the orders of the Government dated 25-7-1986 are invalid and void. Thus, Section 139 of the Act has not been passed in service for the purpose of advancing the object of the Act and in the interests of the Society. Both the above mentioned orders do not advance the objects of the co-operative principles on the basis of which various Co-operative Societies work in the whole State of Rajasthan.