V.K.MATHUR,DINESH MAHESHWARI, JJ. - (1.) THESE two intra -court appeals, being directed against the same order dated 19.09.2012, as passed by the learned Single Judge of this Court in CWP No.11825/2010, have been considered together; and are taken up for disposal by this common judgment.
(2.) BY the impugned order 19.09.2012, the learned Single Judge has allowed the writ petition filed by the respondent No.1 Shri Anil Kumar Shishodia, arising out of a dispute pertaining to his election as the Member and Chairperson of the Board of Directors of Chittorgarh Zila Sahakari Bhumi Vikas Bank Ltd., Chittorgarh; and, while setting aside the order dated 22.03.2010 (Annex.22), as passed by the Arbitrator and the order dated 01.12.2010 (Annex.24), as passed by the Rajasthan State Co -operative Tribunal, Jaipur ('the Tribunal'), has dismissed the election petition filed by the appellant of SAW No.830/2012 Shri Narayan Singh. The facts and the background aspects, so far relevant for the present purpose, could be noticed in brief as follows: Chittorgarh Zila Sahakari Bhumi Vikas Bank Ltd., Chittorgarh ('the Bank') is a co - operative society incorporated and registered under the Rajasthan Co -operative Societies Act, 2001 ('the Act'). The management of the affairs of the Bank is entrusted to a Managing Committee constituted in accordance with the Bye -laws of the Bank. The elections to the Managing Committee of Bank, referred to as the Board of Directors, were held on 22.09.2009 wherein, the respondent Shri Anil Kumar Shishodia came to be elected to the office of the Director. Thereafter, the elections were held to elect the office bearers wherein, the respondent Shri Anil Kumar Shishodia contested for the office of the Chairperson and was declared elected while defeating the appellant Shri Narayan Singh.
(3.) THE appellant raised an election dispute challenging the election of the respondent Shri Anil Kumar Shishodia as Director and as Chairperson on the ground that he was disqualified to contest the election in terms of clause 26()(8) of the Bye -laws of the Bank. While alleging that as per the business certificate issued by the Transport Department, the respondent was shown as the Proprietor of M/s. Sisodia Agro Industrial Services and Director of M/s. Sisodia Automobiles Pvt. Ltd., the appellant contended that the Bank had been making payments to the said business concerns and hence, the respondent was liable to be declared disqualified to contest the election. It appears that an objection against the nomination of the respondent was earlier raised before the returning officer but the same was turned down.;