- (1.) THIS writ petition relates to the election of the member of the Managing Committee of the Kawat Gram Seva Sahkari Samiti Limited (here in after referred to as 'the Sahkari Samiti').
(2.) THE Sahkari Samiti is a Co -operative Society registered under the Rajasthan Co -operative Societies Act, 1965 (here in after referred to as 'the Act') and is governed by the provisions of the Act and the Rajasthan Cooperative Societies Rules, 1966 (here in after referred to as 'the Rules'), Bharat Lal, the petitioner in this writ petition is a member of the Sahakari Samiti and was elected as the Chairman of the Sahkari Samiti in the elections which were held in January, 1982. Rule 32 of the Rules makes provision for the election of the members of the committee of management of a Co -operative Society and provides for appointment of an Election Officer by the Registrar of Co -operative Societies. Sub -rule (2) of Rule 32 provides that the election of the committee shall be held at a general meeting of he society of which not less than seven clear days notice shall be given to the members. Sub -rule (3) of Rule 32 prescribes that the notice of general meeting shall be sent by the Election Officer to the members and the said notice shall contain information regarding number of vacancies to be filled up by election, any area or constituency that is specified in the bye -laws from which the members are to be elected the qualification if any prescribed in the bye -laws for eligilility for membership of the committee, the date on which, the place at which and the hours between which nomination papers shall be filed by members, such date being not less than three clear days before the date fixed for election, the date on which the place at which and the hour when the nomination papers will be scrutinised and the date on which, the place at which and the hours between which the polling will take place. Sub -rule (4) of Rule 32 lays down that the Election Officer shall prepare a list, at it stood thirty days prior to the date fixed for the poll of members who are qualified in accordance with the provisions of the Act, Rules and the bye -laws framed there under to vote at the election and publish copies of the list by affixing them to the notice board at the head office of the society and all its branches not less than ten days prior to the date fixed for election. The Assistant Registrar, Co -operative Societies Sikar (here in after referred to as 'the Asistant Registrar') by order dated 20th August, 1986 appointed respondent No. 3 as the Election Officer for conducting the election of the members of the Managing Committee of the Sahkari Samiti and respondent No. 3, issued a notice (Ex. Rule 1) dated 28th August, 1986 whereby election programme was announced. Under the said programme objection against the voters' list which was publised on 28th August, 1986 were to be received from 1.00 p.m. to 2.00 p m. on 8th September, 1986 and they were to be considered on 8th September, 1986 at 5.00 p.m. and the final voters' list was to be published on 8th September, 1986 at 6 p.m. The nominations were to be filed on 16th September, 1936 between 10 a.m. and 1 p.m. and scrutiny of the nomination papers was to be held on 16th September, 1986 between 1.30 p.m. and 4.30 p.m. and the nominations were to be withdrawn on 16th Sept., 1986 between 3 p.m. and 5 p.m. 20th Sept., 1986 was the date fixed for poll and 21st September, 1986 was fixed for the election of office bearers. By the notice (Ex. R/2) dated 12th September, 1986 there was some change in the election programme and the date for filing of nominations was altered from 16th September, 1986 to 17th September, 1986, the scrutiny of nomination papers was altered to 17th September, 1986, the date for withdrawal was fixed as 18th September, 1986, the date of poll was fixed as 22nd September, 1986 and the date of election of office bears was fixed as 23rd September, 1986, in accordance with the said notice respondent No. 3 published the final voters' list on 8th September, 1986. Feeling aggrieved by the aforesaid voters list published by respondent No. 3 and the elections which were to be held on the basis of the said voters' list, the petitioner has filed this writ petition where in he has prayed that an appropriate writ, order or direction may be issued directing the Registrar, Co -operative Societies, Assistant Registrar as well as the Election Officer, Sahkari Samiti not to hold elections on 22nd September, 1986 on the basis of the said voters' list and a further direction may be issued to the respondents to issue a proper voters' list after considering objections against the same.
(3.) A reply to the writ petition has been filed on behalf of the respondents where in a preliminary objection has been raised with regard to the maintainability of the writ petition on the ground that the remedy of an arbitration under Section 75 of the Act is available and in view of the availability of the said remedy this writ petition cannot be entertained.;