HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18756/2019 Purna Ram S/o Shri Rugha Ram Ji Choudhary, Aged About 70 Years, By Caste Gil, Resident Of Pabusar, Tehsil Ratangarh, District Churu.
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary, Cooperative Department, Secretariat, Jaipur.
2. Registrar, Cooperative Societies, Nehru Sahakar Bhawan, 22 Godown, Jaipur.
----Respondents
For Petitioner(s) : Ms. Kamini Joshi
For Respondent(s) : Mr. Mrigraj Singh Rathore
JUSTICE DINESH MEHTA
Order
29/06/2022
1. Ms. Kamini Joshi, learned counsel appearing for the
petitioner submits that the issue involved in the present writ petition is squarely covered by decision of this Court rendered in the bunch of cases dated 15.03.2021 "Sultana Kray Vikray Sahakari Samiti Ltd. Vs. State of Rajasthan & Ors".
2. Mr. Mrigraj Singh, learned counsel appearing for the respondent State though tried to distinguish the case by submitting that judgment of Division Bench of this Court in the case of Bhanwarlal Vs. State of Raj. & Ors.; D.B. Civil Writ Petition No.13859/2016 does not apply in the present fact.
3. Having heard learned counsel for the parties and upon perusal of the judgment rendered in the case of Sultana Kray Vikray Sahakari Samiti Ltd. (supra), this Court finds that the adjudication made is not solely based upon the Bhanwarlal's case and as a matter of fact this Court has found it to be a (Downloaded on 30/06/2022 at 08:46:27 PM) (2 of 2) [CW-18756/2019] constitutional mandate upon the State Government to hold the election in order to maintain autonomy and democracy of corporative institutions which is evident from the para No.21 of the above referred judgment in the case of Sultana Kray Vikray Sahakari Samiti Ltd. (supra).
4. Hence, following the judgment in the case of Sultana Kray Vikray Sahakari Samiti Ltd. (supra), the present writ petition is stands disposed of with a direction to the State to hold the elections of the petitioner - society as early as possible, however, in any case not later than six months from today.
5. Till the election are held, the present Board of Directors or member of Executive Committee of petitioner - society shall continue to hold office(s), if they do not acquire any disqualification.
6. It is further directed that the Board of Directors will not take any policy decision in the period interregnum. In case any such exigency arises, the same shall be taken only after due ratification by the Registrar, Cooperative Society.
7. Needless to observe that the present order has been passed in peculiar situation, as the State was unable to hold the election of the petitioner society on account of onslaught of Pandemic - COVID-19.
8. The stay petition also disposed of accordingly.
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