V. S. DAVE, J. - (1.) BOTH these writ petitions by which the challenge has been made to the newly elected Management Committee, have been hotly contested, more on the ground of impropriety in filing second writ petitions after the stay was vacated in the earlier one after a chequred pendency of the same in this court. Since both these writ petitions arise out of a dispute about the elections to the Managing Committee of Islamia Senior Higher Secondary School Society (Institution), Sikar, they were taken up together. A preliminary objection was raised for maintainability of the writ petitions and the same is decided by this order.
(2.) IN writ petition No. 3404/90 the petitioners have prayed that elections of respondent Nos. 3,4,5 and 6 to the post of President, Vice President, Manager and Treasurer held on 5. 8. 1990 be declared illegal and invalid and that a mandamus be issued directing the Registrar, Co-operative Societies to decide the petitioners' dispute in accordance with the provisions of S. 75 of the Rajasthan Co-operative Societies Act, 1965 (hereinafter referred to as "the Act" ). It was further prayed that proceedings undertaken by respondent No. 2 in validating the elections held on 5. 8. 1990 be also set aside. In S. B. Civil Writ Petition No. 5091/90 which has another set of petitioners, it is also prayed that the election held on 5. 8. 1 90 of respondent Nos. 2, 3, 4 and 5 as office bearers of the New Management Committee of the Society be set aside and further to set aside the order of validation of the election by Assistant Registrar, Co-operative Societies; dated 24. 8. 1990, Annexure 5. Thus, infact the prayer in both the writ petitions is identical. The earlier writ petition No. 3404/90 was filed on 9. 8. 90. Notices were issued on 10. 8. 1990 after admitting the same and an interim order was passed staying the recognition granted to the newly elected office bearers respondent Nos. 2 and 3. This stay was granted for a period of four weeks. An application under Art. 226 (3) of the Constitution was filed on behalf of the respondents on 17. 8. 1990, i. e. , within a week of granting the interim stay. It was listed in court after 7 days, i. e. , on 24. 8. 1990 when the petitioners' counsel prayed for time to file reply and the court directed the case to be listed on 27. 8. 1990. The office on this day mentioned that the case could not be listed as ordered by the Court. It was listed on 28. 8. 1990, but due to illness of Shri Bharat Vyas it was adjourned to 31. 9. 1990. It was not listed on 31. 8. 1990 but was listed then on 3. 9. 1990 when it was adjourned to 5. 9. 1990. It was not listed on 5. 9. 1990 and also on 6. 9. 1990. On 6. 9. 1990 learned counsel for the parties brought it to the knowledge of Hon'ble Justice I. S. Israni that the file was not traceable inspite the best efforts of the Reader and the parties were directed to file copies of the paper book and it was directed that the case shall be heard on the next day. The Addl. Registrar (Judicial) was directed to get the file traced. It was thereafter that detailed arguments were heard on 7. 9. 1990 and by a very detailed order, dated 11. 9. 1990, the stay application was rejected and the interim order, dated 10. 8. 1990 was vacated. The main writ petition however, remained pending notice. Consequent upon the vacation of the stay order in writ petition No. 3404/90 on 11. 9. 1990, a writ petition was filed by 12 persons who claimed to be the resident of Sikar and members of Muslim Community on 8. 10. 1990 have filed writ petition No. 5091/90 in public interest on identical allegations as made in the earlier writ petition and identical prayers though differently worded. This writ petition came up for admission on 26. 10. 1990 before me wherein I have observed as under: "it is submitted that the Returning Officer appointed for conducting the elections to the Management Committee of Islamia Senior Higher Secondary School Society himself became a candidate for the election and this act of respondent No. 2 vitiates the entire elections as under the Scheme of the Constitution of the Society be is Returning Officer and thus deprived from contesting the election. "
(3.) "issue notice returnable within two weeks". An interim order was also passed to the effect that respondent No. 2 shall not take any decision in matter of financial implications of the Society of the School nor will participate in the meeting where the financial matters are to be discussed. An application under Art. 226 (3) of the Constitution of India has been filed on the same day but file again remained missing and came up for orders on 28. 11. 1990. 1 directed both the writ petitions to be listed together and this is how they have come up for orders and learned counsel for parties submit that they be heard and disposed of finally. A preliminary objection has been raised in writ petition No. 5091/90 that it should be dismissed in limine in as much as material facts have been suppressed in the writ petition. It is submitted that same set of the lawyers has filed the earlier writ petition No. 3404/90 where detailed arguments have been made at the time of argument on stay petition and one of the questions argued was that the elections are illegal as Haji Hussain Bux, respondent No, 2, was himself a Returning Officer and got himself elected as Chairman and it was on this ground that the stay was prayed for which was rejected and this fact had not been brought to the notice of this court by the learned counsel who had argued this writ petition. It is submitted that assuming for a moment that the petitioners were not within the knowledge of filing of the earlier writ petition, yet since the same set of lawyers appeared in the earlier case and the contention raised ay them was not accepted by this court, it was obligatory for them to have brought to the notice of this court that another Bench of this Court has not accepted this contention and has vacated the stay order. ;