CHETAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN thin writ petition the petitioners seck to* challenge the order of the Government Ex. P/3 dated September 3, 1986 whereby the Government accepted the appeal of the respondent Santosh Kumar and set aside the order of the Joint Registrar dated February 12, 1986 (Ex,p/2) and remanded the matter to the Joint Registrar with a direction to dispose of the matter after giving an opportunity to all the aggrieved persons in accordance with law.

(2.) COUNSEL for the petitioner submitted that the respondent Santoah Kumar has incurred disqualification on account of non payment of dues to the Co-operative Society mentioned in the order of Joint Registrar (Ex. P/2) and along with him seven other members were also disqualified, the names of whom are mentioned by the Joint Registrar in the said order. Considering them to be disqualified, the learned Joint Registrar proceeded to pass the order under Section 36 dissolving the Board of Directors of Sojat Road Kriya Vikriya Sahakari Samiti Ltd. The Manager of the Samiti had informed the respondent Santosh Kumar vide his letter dated October 9, 1985 (Ex. P/1) that he has defaulted in making payment of the amount of Rs. 3516. 30p. and as such he has incurred disqualification under Section 34 (4) of the Co-operative Societies Act and under bye-law 11 (5) (4) of the Society. COUNSEL for the petitioner urged that when the petitioner ceases to be the member, which is automatic on default, he is not entitled to any opportunity of hearing and so the order of the Government is bad,