- (1.) This writ petition has been filed by petitioner-Anand Singh inter alia with the prayer that the order dated 2.9.2015 passed by the Registrar, Cooperative Societies, Rajasthan, Jaipur (for short-'the Registrar') be quashed and set aside. The Registrar by the aforesaid order has set aside the election to the Managing Committee of the SPR Saharia Education Society, Kaladera, Jaipur held on 10.6.2016.
(2.) SPR Saharia Education Society, Kaladera, Jaipur is a registered society under the provisions of Registration of Societies Act, 1860. It has its memorandum and rules and regulations. According to clause 9 of the constitution and article of association, Shri Kedar Nath Saharia and Smt. Kishori Devi Saharia being patron members, are respectively lifelong President and Vice lifelong Vice-President of the governing council of the society. Subsequently, by way of amendment clause 15A(1) was incorporated therein, which provided that the management of the affairs of the society shall be vested in the Managing Committee consisting of not less than 11 and not more than 18 members including office member. The President, Vice-President, Secretary, Assistant Secretary and Treasurer and Auditor shall be the ex-officio member of the committee. The allegation of the petitioner has been that despite incorporation of the said Rules by the Managing Committee, election of the Committee was not held in accordance with law. Those in-charge or the member of the society were involved in misuse of funds. There were several complaints with regard to irregularities in the conduct of the activities and embezzlement of the funds. The Education Department of the State Government, therefore, dissolved the managing committee and appointed administrator. However, the former office bearers of the society continue to manage its affairs and abuse the powers and misuse the funds of the society.
(3.) The Government by order dated 3.7.2009 dissolved the Management Committee and appointed SDM-Chomu as Administrator. The term of the Administrator was extended upto 3.10.2011 by order dated 21.7.2011 passed by the Deputy Secretary, Government, Education Department. The Administrator was directed to conduct the election of the Management Committee. The new Management Committee was thus constituted on 1.3.2011 by way of elections. The Administrator handed over charge to the newly elected Management Committee on 1.3.2011. In those circumstances, the lifelong President of the Society Shri Kedarnath Saharia, his wife Smt. Kishori Devi Saharia and Smt. Vijanti Pungalia filed a writ petition no. 15045/2013 before this Court. Therein, it was alleged that the elections to the management committee were last held on 28.1.2005, which was not fair and proper. Even then the same management committee has been shown to have been elected again on the allegations of mismanagement, irregularities and embezzlement of sum of Rs.55 lacs against such committee. It was contended that in future, petitioners should be associated with the election and enquiry be made against members of management committee for embezzlement of the money.;