Prakash Tatia, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE petitioner is aggrieved against the repeated interference of the State authorities in the matter of administration of the petitioner society which is a society registered under the Societies Registration Act and has its own constitution under which the petitioner society is working. The petitioner 's contention is that since long the petitioner 's working is being obstructed for which the petitioner approached this Court also and now, the respondent State has passed the order dt. 30.06.2004 (Annex.42) under the colour of purported power under Section 10(1) of the Rajasthan Non -Government Educational Institutions Act, 1989 (for short 'the Act of 1989 ') and appointed S.D.O., Sangaria as Administrator for six months or till fresh elections are held in the supervision of S.D.O., Sangaria. According to the petitioner, the action of the respondents is wholly without jurisdiction and the respondents have even no jurisdiction to proceed with the enquiry in pursuance of the notice dt. 25.03.2004 (Annex.37) because of the fact that the said notice dt. 25.3.2004 is also without jurisdiction. Brief facts of the case are that the petitioner is a registered society under the Societies Registration Act. Petitioner society is running two schools and one hostel at Sangaria town of Hanumangarh District. The elections of the Managing Committee of the petitioner society were held in May, 1996, initially but thereafter Administrator was appointed on 25.06.1996 upon which SB Civil Writ Petition No. 1964/1997 was filed by the petitioner society before this Court challenging the appointment of Administrator. This writ petition was allowed vide order dt. 14.07.1997 and in pursuance thereof, the elected Board of the Managing Committee took charge on 19.07.1997. On 15.08.1997, a resolution was passed by the general body to extend the term of elected board for a period of one year so as to complete its full term of three years. Respondent No. 4 Om Prakash Angi submitted a Writ Petition No. 3129/99 and sought direction of this Court for appointment of Administrator and for holding fresh election of the Managing Committee. During pendency of said writ petition, petitioner society took steps for holding elections and the election officer was appointed and the election officer issued notice inviting objections about the proposed voters list on 05.01.2000. The voters list was finalised on 22.01.2000. Notices of election programme were sent to all the members on 13.01.2000, then to obstruct the election process, a civil suit was filed by one Diwan Chand but therein, no injunction was granted by the civil Court and ultimately, that suite was withdrawn. Thereafter, one Suresh Kumar Jain filed a Writ Oetition No. 338/2000 which was got dismissed as withdrawn on 11.02.2000 and before that on 03.02.2000, the State Government passed an order staying the elections. According to the petitioner, the order dt. 03.02.2000 was served on the election officer at 5:30 PM i.e. after the time for submission of nomination papers had expired. The election officer continued the election process in view of the judgment of this Court dt. 20.07.1999 and after completion of election process, results were declared on 10.02.2000. The election of the office bearers were held on 16.02.2000 and its results were declared on the same day. In a short period, on 30.03.2000, Administrator was appointed for management of petitioner society by exercising powers under Section 10 of the Act of 1989. The petitioner challenged the said action of the State by filing Writ Petition No. 1014/2000 wherein the operation of the order dt. 30.03.2000 was stayed by this Court vide order dt. 13.04.2000. The stay was confirmed and ultimately, the term of election of the petitioner society came to an end.
(3.) ON 01.01.2003, Shri O.P. Agarwal was appointed as returning officer to conduct fresh elections of the Management Committee and Shri H.M. Saxena, Director, College Education was appointed as Government nominee on 01.02.2003. As per the averments made in the petition, the elections of the members of the Managing Committee were held on 5.2.2003 and on the same day, results were declared. On the same day, according to the petitioner, the departmental representative directed the election officer to issue programme of election of office bearers and in pursuance to that, the election officer issued election programme on 05.02.2003 and thereafter, issued corrigendum on 06.02.2003 making changes in dates for filing nomination form from 13.02.2003 to 12.02.2003. Notice was also issued for co -option of the members on 06.02.2003 and all the Directors were informed about the meeting to be held on 12.02.2003. On 12.02.2003, the list of candidates was issued and on 13.02.2003, the nomination forms were scrutinised and thereafter, results were declared as there was no contest and, therefore, there was no necessity for elections. The returning officer submitted report of election to the respondent No. 1 and copy was also forwarded to the Director, College Education; District Collector, Hanumangarh and Assistant Registrar, Cooperative Societies and other authorities on 13.02.2003. On 26.02.2003, the District Collector wrote a letter to the respondent No. 1 for taking steps for resolving the dispute about the election of the Managing Committee. On 13.05.2003, the Joint Director wrote a letter to the President of the Samiti which according to the petitioner was to pressurize the petitioner to withdraw the Writ Petition No. 1014/2000 filed by the petitioner. The Writ Petition No. 1014/2000 was withdrawn by the petitioner society on 19.07.2003. According to the petitioner on 02.08.2003, the State Government turned down the proposal of the Collector for appointment of the Administrator and even when the respondent No. 1 gave three proposals for release of grant in aid on 09.10.2003, the Joint Director expressed that the proposal No. 3 appears to be correct and it was communicated vide communication dt. 30.10.2003 and the respondent No. 1 accepted the third proposal on 07.11.2003. However, the Director vide his letter dt. 26.11.2003 expressed his doubts as to the validity of the constitution of the Managing Committee. According to the petitioner, at this stage, Shri Gurjant Singh, Local MLA from Sangaria intervened and pressed upon authorities in the government not to release grant -in -aid to the petitioner. He submitted a written complaint to Hon 'ble Chief Minister to stop grantin - aid. Petitioner alleged that due to the pressure of that MLA from Sangaria, ultimately, the respondent No. 1 appointed S.D.O., Sangaria as Administrator vide order dt. 13.06.2004, which is under challenge in this writ petition.;