- (1.)THIS is an application by Shri Kashi Nath Joshi, Advocate against Shri Satish Chander Sharma, Assistant Registrar, Go-operative Department, Jodhpur, and Shri Aidan Chowdhary, Deputy Registrar, Co-operative Department, Jodhpur, under Section 8 of the Contempt of Courts Act, 1952 (Act No. 82 of 1952), praying that both the non-petitioners may be punished for committing contempt of Court.
(2.)THE facts giving rise to this application lie within a narrow compass and may be stated as under:--The election for the office of the President, Sahakari Upbhogta, Bhandar, Jodhpur, took place on 21st January, 1968, and one Shri Ramdev was elected as the President of the Bhandar. He made an application under Section 37 of the Rajasthan Co. operative Societies Act, 1965 (which, for the sake of brevity, will be hereinafter called as the Act) to the City Magistrate, Jodhpur, for issuing a direction to the officers of the Department as well as the members of the previous Board for handing over charge of the records and the property of the Society to the new President. This application was allowed on 25th March, 1968, and it is alleged, that the order passed by the City Magistrate, Jodhpur, was executed. It appears that on the very next day, i. e. , on 26th March, 1968, one Shri Liyakatullah Khan made an application to the learned City Magistrate that the order passed by him the previous day for handing over the charge of the property of the Society to Shri Ramdev may be vacated. Notice of this application was given to Shri Ramdev and Shri Kashinath, outgoing President, to show cause against the application and to appear before the City Magistrate on 21st April, 1968.
(3.)IT further appears that on 8th February' 1968, one Pratapmal Sharma, raised a dispute before the Registrar, Co operative Societies, Rajasthan, Jaipur, in connection with the election of Shri Ramdev as President of the Bhandar, under Section 75 (1) (c) of the Act, and the Registrar, in exercise of the powers confened upon him by Section 77 (2) of the Act, transferred the case for arbitration to the Assistant Registrar, Shri Satish Chander Sharma, non-petitioner No. 1. Shri Pratapmal also made an application under Section 77 (8) of the Act praying that an interim injunction, restraining Shri Kashi Nath and Shri Ramdev from proceeding with the matter pending in the Court of the City Magistrate, Jodbpur; under Section 87 of the Act may be issued. On that application on 28th March, 1868, the Assistant Registrar, acting as an arbitrator, issued an interim injunction against Shri Ramdev and Shri Kashi Nath Joshi restraining them from proceeding with the matter pending under Section 87 of the Act before the City Magistrate, Jodhpur. On service of notice in respect of this interio3utory injunction, Shri Kashi Nath Joshi has filed this application before this Court for punishing the Assistant Registrar as well as the Deputy Registrar, Co-operative Department, Jodhpur, for committing contempt of Court.
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