ORDER :

1. By way of filing present writ petition under Article 226 and 227 of the Constitution of India, the petitioner has prayed for following reliefs:-

“(a). That the impugned order dated 04/07/2023 Annex.16 passed by the Additional Registrar, Jodhpur Zone, Jodhpur for dissolution of Board of Society and appointment of Administrator be declared illegal and the same be quashed and set aside.

(b). That any order passed in pursuant to order dated 04/07/2023 during the pendency of this writ petition may also be quashed and set aside.”

2. Briefly stated facts of the case are that the petitioner is Chairman of Yogeshwar Grah Nirman Co-operative Society Ltd., Sirohi. The Yogeshwar Grah Nirman Co-operative Society Ltd., Sirohi (hereinafter referred to as ‘Society’) is registered cooperative Society under the provisions of Rajasthan Co-operative Societies Act, 1965 having registration No.403/W/dated 17/09/2019.

3. The Additional Registrar, Co-operative Societies, Jodhpur Zone, Jodhpur (hereinafter ‘respondent No.2’) served the Society with a notice dated 12.01.2023 under Section 30(1)(b), as per the provisions of Rajasthan Co-operative Societies Act, 2001 (hereinafter referred to as ‘Act of 2001’). In the notice dated 12.01.2023, it was stated that the office of Co-operative Minister, Rajasthan, Jaipur received letters/ complaints from one Kanchan Devi, Sandeep, Nitesh and other plot holders against the Society alleging that the members of the Management Committee and Chairman are working against the interest of the Society. The office of respondent No.2 whereupon, conducted a preliminary inquiry (through Dalpat Dan Charan) against the Society and found that the Management Committee of the Society is not adhering to the provisions of the by-laws of the Society in grant and removal of the membership in the Society. Therefore, proceedings for dissolution of the Board of the Society had been proposed under Section 30 of the Act of 2001 and FIR had also been recommended against the Chairman, Managing Committee and Manager of the Society as they prepared forged documents. Respondent No.2 vide notice dated 12.01.2023 directed Chairman and members of the Managing Committee to submit their explanation upto 2 pm, on 30.01.2023.

4. A reply to the notice dated 12.01.2023 was submitted on 25.01.2023 by the petitioner and other members stating inter alia that the copies of the complaint and inquiry report may be provided so as to enable the petitioner and other members of the Society, to file explanation of the notice dated 12.01.2023.

5. In the writ petition, it has been averred that the petitioner and other members of the Society did not receive any document as demanded vide reply dated 25.01.2023. A representation therefore, was submitted by the petitioner before Hon’ble Chief Minister and Hon’ble Co-operative Minister dated 10.02.2023 for conducting de-novo inquiry by appointing new inquiry officer, thereupon, one Uday Deep Singh Rathore (hereinafter referred to as ‘second inquiry officer’) was appointed as an inquiry officer vide order dated 20.02.2023 of the Registrar, Co-operative Societies Rajasthan, Jaipur. The petitioner was directed to appear before second inquiry officer on 17.03.2023 to participate in the inquiry vide communication dated 09.03.2023.

6. A detailed reply dated 08.05.2023 was submitted by the petitioner to the inquiry officer stating that the complaint submitted by the complainant is bereft of any merit and the membership had been given to all eligible persons by following the relevant provisions of the Act, Rules and by-laws of the Society. The petitioner came to be served with an order dated 04.07.2023 issued by respondent No.2 as per the provision of Section 30(1)(b) of Act of 2001, whereby the Management Committee of the Society was dissolved/removed and one Ram Sukh Choudhary, Deputy Registrar cum Secretary, Primary Co-operative Land Development Bank Ltd., Bilara, Jodhpur was appointed as an Administrator of the Society.