Disposed

Bhim Singh S/O Padam Singh v. State of Rajasthan

Rajasthan HC10 Feb 2022SAW/245/2022

Case brief

AI extract

What is this about?

The High Court upheld the Single Judge's finding that the outgoing Chairman of a cooperative bank ceased to hold office upon the expiry of the five-year term. However, the Court directed the State Government to conduct elections and declare results by May 31, 2022, preventing abdication of statutory responsibility.

What did the court decide?

Appeal disposed of with a direction to conduct elections and declare results by 31st May, 2022.

Bhim Singh S/O Padam Singh Vs State of Rajasthan — Cooperative Societies | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Special Appeal Writ No. 245/2022

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Bhim Singh S/o Padam Singh, Aged About 62 Years, Chairman Bharatpur Central Cooperative Bank, Bharatpur, Resident Of H.no. 118, Jatbasti, Pidavali, Village Pidavali, Tehsil Bayana, District Bharatpur (Rajasthan).

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----Appellant

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Versus

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State Of Rajasthan, Through The Principal Secretary, Cooperative Department, Secretariat, Jaipur (Raj.)

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Registrar Cooperative Societies, Rajasthan Sahkar Bhawan, Bhawani Singh Road, Jaipur (Raj.)

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Additional Registrar, Cooperative Societies, Bharatpur (Raj.)

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Bharatpur Central Cooperative Bank, Bharatpur Through Its Managing Director.

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Election Authority, Rajasthan State Cooperative Authority, 10-B Institutional Area, Ricem, Jhalana, Jaipur (Raj.)

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----Respondents

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For Appellant(s)	: Mr.	RK Daga
For Respondent(s)	: Mr.	SS Raghav,AAG

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HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SUDESH BANSAL

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Judgment

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10/02/2022

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This appeal is filed by the original-petitioner who was a Chairman of the Bharatpur Central Cooperative Bank, Bharatpur which is a registered cooperative society. The elected body of the cooperative society was constituted on 06.10.2015. The term of the elected body being 5 years this term got over on 06.10.2020. However on account of prevailing COVID situation the State

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(2 of 3)

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[SAW-245/2022]

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Government could not conduct the election to install a new elected body. A notice was issued to the petitioner for appointment of administrator. The petitioner at that stage approached the High Court and filed a writ petition which was disposed of by the learned Single Judge by the impugned order dated 18.01.2022. Before the learned Single Judge the learned Additional Advocate General stated that the government will be conducting an election of the bank in accordance with law. The learned Judge observed that since the term of the petitioner has expired he has no right to continue as Chairman. This order the petitioner has challenged in this appeal.

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We notice that in terms of sub-section (4) of Section 27 of the Rajasthan Cooperative Societies Act, 2001, the term of office of the elected body will be of 5 years from the date of election and the term of office bearers shall be co-terminus with the term of the committee. Section 30-C of the Act pertains to appointment of administrator on completion of term of the committee. Subsection (1) of Section 30-C provides that where the term of existing committee has expired and the State Co-operative Election Authority has failed to conduct elections for a new committee, for whatever reason, the registrar may, by an order in writing, appoint a government servant as an administrator to manage the affairs of the society till the elections are held.

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In view of such statutory provisions we do not find any error in view of the learned Single Judge. However the State Government cannot abdicate its responsibility to conduct the elections to install newly elected committee to manage the affairs

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(3 of 3) [SAW-245/2022]

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of the cooperative bank. Such a statement was also made by the learned Additional Advocate General before the learned Single Judge.

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Under the circumstances, the State Government shall complete the elections by declaring the results latest by 31^st May, 2022.

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With these observations, the appeal is disposed of.

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(SUDESH BANSAL),J

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(AKIL KURESHI),CJ

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N.Gandhi/10

Bhim Singh S/O Padam Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhim Singh S/O Padam Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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