SANJEEV PRAKASH SHARMA, J. - (1.) On 23.7.2020, this Court had observed that in view of the nature of the case and the interim order passed by the Court, it is deemed appropriate to direct that all the pleadings relating to the case and applications may be completed before the next date. All the counsels appearing for the parties jointly agreed that the case may be heard finally and accordingly, the same was heard finally at this stage.
(2.) Essentially, there is a dispute between the members of the Society, namely, Sant Shri Dadu Dayal Gramin Vikas Sansthan, Kachroda Road, Phulera, District Jaipur. The petitioner states that the respondent - Mohan Lal has claimed himself to be Secretary to the said Sant Shri Dadu Dayal Gramin Vikas Sansthan although he was not duly elected member and the Registrar, Cooperative Societies vide order dated 13.10.2017 had refused the Managing Committee headed by Smt. Meenu Kumawat as Chairman and Mohal Lal as Secretary on the ground that there was already a Managing Committee headed by petitioner - Ganpat Ram as Chairman and Santosh Devi as Secretary. The Registrar had therefore directed that an adjudication regarding the actual Managing Committee must be done by the Civil Court whereafter the respondents had preferred a civil suit before the Civil Judge and Judicial Magistrate, Sambhar Lake, Jaipur, but no interim order was passed in favour of the respondents and thereafter, an appeal was also preferred, but on appeal also, no injunction order was passed in favour of the respondents.
(3.) Learned counsel appearing for the petitioner submits that thereafter, the respondents proceeded to withdraw the civil suit and the Registrar has thereafter wrongfully issued the orders on 22.10.2019 to the Director, Technical Education, recognizing the Managing Committee of the respondents, which he could not have done as the Secretary of the Managing Committee headed by the respondents was not empowered as the question about Managing Committee had not been finally adjudicated upon by the Civil Court. Learned counsel also submits that while refusing the temporary injunction to the respondents, both the Civil Court as well as the Appellate Court had recognized that the Managing Committee headed by the petitioner was functioning and therefore, there was no occasion for the Registrar to have recognized the Managing Committee headed by the respondents. Learned counsel further submits that the next elections stated to have been conducted after lapse of two years in 2019 was without jurisdiction as the Secretary could not have called up for election in 2019 as its Managing Committee had no recognition from the Registrar.;