- (1.) This writ petition has been submitted by four petitioners claiming themselves to be the members/share holders of the respondent Society, claiming the following reliefs:- (1) The respondents may kindly be directed to conduct and hold the election for constituating the Executive Committee of respondent society immediately. (2) The respondent may kindly be restrained from shifting the office of respondent Society from the present place i.e. within the Railway campus at Rana Pratap Nagar, Udaipur to any place outside the Railway Campus.
(2.) The reliefs aforesaid have been claimed by the petitioners with the submissions that the respondent Society is a registered Co-operative Society having registration No. 1388-Y whose members are only the railway employees and the authorities of Railway have deep and pervasive control over the finance, functioning and business of the respondent Society and hence, it is State within the meaning of Article 12 of the Constitution of India. It has been submitted that the aims and objects of the Society are to promote mutual cooperation, savings amongst the railway employees and to provide loan and other facilities to its members. Two-fold grievances of the petitioners have been stated in this petition: One, that since beginning, office of the Society is situated within the Railway campus at Rana Pratap Nagar, Udaipur which is easily accessible by its members who are none other than the railway employees but now the the said office is sought to be shifted by constructing a building at Sundervas near Rajasthan Patrika, Udaipur, and that too by way of a decision taken by the Executive Committee whose term has already come to an end; Secondly, that the tenure of the existing members having expired long back, the present Executive Committee has no authority to take vital decision regarding shifting of the building and as per the requirements of law, elections to the Executive Committee ought to be held at the earliest.
(3.) The petitioners have pointed out in the writ petition that shifting of the office building of the respondent Society out and away from the railway premises is bound to cause prejudice to the business of the Society and to the members who are none other than the railway employees who would not be able to frequent the office of the Society; and such shifting would be detrimental to the interests of the members and thereby against the interests of the Society itself. It has also been pointed out that requests and representations against the proposed shifting have already been made by the members of the Society to the authorities concerned including the Deputy Registrar, Co-operative Societies, Udaipur and with reference to an order dated 22nd October 2005 (Annex.6), it has been pointed out that the construction has not been permitted for want of proper sanction from the authorities concerned.;