- (1.) The present petition has been filed by the petitioner who is the Ex-President of the Ajmer Cooperative Bank Society Limited, Ajmer, (hereinafter referred to as "the Society") seeking direction against the respondents to declare the election program for the general election of the said society before the election of Ajmer Central Cooperative Bank Limited, so as to enable the representative of the Society to participate in the election of the Central cooperative Bank.
(2.) In the instant case, it appears that the last election of the Society was held on 20.08.2009 which was come to an end on 21.08.2014. In the meantime, the requisitions for holding new election of the Society was sent by the then General Manager of the Society, on 16.06.2014 and another requisition on 18.07.2014. However the respondents instead of initiating the process of election, had appointed the Administrator vide the order dated 14.10.2014 for a period of six months or till the election was held, whichever was earlier. Despite the expiry of six months to the appointment of Administrator, the election of the Society has not been held, and therefore the present petition has been filed.
(3.) At this juncture, it is required to be noted that the election of the Society has to be conducted before the expiry of term of the committee as per Section 32 of the Rajasthan Cooperative Societies Act, 2001 (hereinafter referred to as "the said Act"). Section 34 thereof envisages that the Chief Executive Officer of every cooperative society has to send a written information to the authority to conduct the election of its committee and its office bearers, six months before the expiry of the term of the existing committee. It is also pertinent to note that if the term of the existing committee has expired and the State Cooperative Election Authority has failed to conduct the election for the new committee, the State Government can appoint the Administrator to manage the affairs of the Society for a period of not exceeding six months, as per the provisions contained in Section 30(1)(c ) of the said Act.;