Purna Ram vs State Of Rajasthan
2022 Latest Caselaw 8425 Raj

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

(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.

(DINESH MEHTA),J 18-/-arvind

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