MAN MAL SHARMA Vs. BIKANER SAHKARI UPBHOKTA BHANDAR

JUDGEMENT

(1.) All the aforesaid petitions are inter-connected and there is an order of the Court to hear all these petitions together. Thus, they are being disposed of by the common judgment. To dispose of all these three petitions, S.B. Civil Writ Petition No. 1031/1998 is taken as the leading case for the reason that all the relevant documents and orders of all the three cases have been filed therein.

(2.) The respondent No. 1, Bikaner Sahkari Upbhokta Bhandar, hereinafter called "the Bhandar", is a Co-operative Society registered under the provisions of the Rajasthan Co-operative Societies Act, 1965 (hereinafter referred as "the Act") and the Rajasthan Co-operative Societies Rules, 1966 (hereinafter referred as "the Rules"). The management committee of the respondent No. 1, which is headed by the elected Chairman, resolved to instal a statue of its earlier Chairman late (Shri) Vijay Singh in the premises of the respondent No. 1 - the Bhandar, vide Resolution dated 7-12-94, just to recognise the services rendered by him to the society and to pay homage to the departed soul. The Registrar, Co-operative Societies (hereinafter called "the Registrar"), served an order dated 12-3-97, contained in Annexure-4 to this petition, purported to have been passed under S. 32 of the Act he rescind the said resolution restraining the Bhandar to install the statue. According to the said order, the installation of the statue was contrary to the provisions of the Act and the Rules, and the purposes the society was to achieve and moreover it would not serve the interest of any person, rather installation of the statue would have an adverse effect on the interest of the society. The Bhandar being aggrieved by the said order dated 12-3-97, preferred S.B. Civil Writ Petition No. 1118/1997 before this Court on the ground that the installation of the statue is not in violation of any rule or the provisions of the Act, the said order was without jurisdiction, rather it was in consonance with the spirit of the Co-operative Movement as the purpose was to pay homage to the departed soul who dedicated his life in the Co-operative Movement and such an installation would encourage the persons in future to support the Co-operative Movement. This Court, vide its order dated 19-5-97, stayed the operation of the order dated 12-3-97 passed by the Registrar, and after obtaining the said interim order, the statue has been installed.

(3.) The Registrar issued show cause notice on 5-11-97, contained in Annexure-5 to the petition, under S. 36(1) of the Act, as to why the Committee may not be superseded, according to which the installation of statue of late (Shri) Vijay Singh was against the interest of the society; it caused great loss to the society; it was in contravention of the order of the Registrar and by installing the statue, the management committee has acted in violation of the order of the Registrar as the interim order of this Court dated 19-5-1997 did not authorise the Bhandar to instal the statue without prior approval of the Registrar and it, also, violated the provisions of the Act and the Rules. Being aggrieved and dissatisfied, the Bhandar preferred another S. B. Civil Writ Petition No. 4077/1997, and this Court, vide order dated 11-11-1997, stayed further proceedings in pursuance of the said notice.