1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. Civil Writ Petition No.7809/2009 (Om Prakash Sharma Vs. Smt. Rajesh Kumar & Ors.) Date of Order : 27.07.2009 HON'BLE MR. JUSTICE M.N. BHANDARI Mr.RamKumar Sharma, for the petitioner. Mr.R.K.Agrawal ] Mr.Ishwar Jain ], for the respondent. By the Court: A challenge has been made to the order 15.04.2009 passed by the Arbitrator. It is stated that petitioner was not made as a party respondent to the arbitration matter at the initial stage, thus complete opportunity of hearing was not provided, thus the said order was challenged by maintaining an appeal before the Rajasthan State Co-operative Tribunal (for short “the Tribunal”). It is stated that Tribunal is not functioning, thus petitioner's rights are not protected during the pendency of the appeal and the petitioner is literally become remedy-less, thus left with no option but to file this writ petition. Looking to the aforesaid, it is urged that a direction may be given to the State constitute the Tribunal by making nomination/appointment as required and the status quo, as obtaining today with regard to the dispute may be ordered to be maintained by the parties. Learned counsel for the respondents submits that petitioner was made a party respondent to the 2 arbitration proceedings and he was served with a notice but when the petitioner did not appear in the proceedings, the Arbitrator was left with no option but to proceed against the petitioner. It is stated that petitioner having filed an appeal before the Tribunal, the writ petition is not maintainable. In the alternate, it is stated that Court may give direction to the State Government to nominate/appoint the members so that Tribunal becomes functional. It is also stated to balance the equities, a direction for maintaining the status quo as obtaining today may be given but it may be made clear that the said order would remain operative till the tribunal is constituted by the nominating/appointing the members by the State Government and thereafter, it is the tribunal, which will take decision on the prayer for interim relief. In view of the submissions discussed above, it has come out that though the appeal has been preferred by the petitioner against the order of the Arbitrator but for the reasons that Tribunal is not functional, the application for grant of interim relief could not be heard in those circumstances. It is necessary to observe that both the learned counsel for the parties agreed that direction may be given to the State Government to nominate/appoint the members and chairman so that the tribunal becomes functional and in the meantime, until the tribunal becomes functional, the status quo as obtaining today would maintain by the parties. It is seen that for last more than one year, the tribunal is not functional in 3 absence of nomination/appointment of the members or Chariman by the State Government, such affairs of the government cannot be appreciated because in absence of any tribunal, if any person is aggrieved by the order of the authorities under the Cooperative Societies Act, cannot seek remedy from the Tribunal. The State Government is thus directed to nominate/appoint the members and Chairman so as to constitute the tribunal to make it functional. Necessary exercise in that regard may be taken up within a period of three months from the receipt of certified copy of this Order. Till the tribunal is made functional, both the parties are directed to maintain status quo as obtaining today. It is made clear that status quo will remain operative only till cooperative tribunal is made functional. It is thereafter, for the tribunal to take decision on the prayer of the petitioner. The Registry is directed to send copy of this order to the Principal Secretary, Cooperative Department, State of Rajasthan for necessary compliance. The writ petition is disposed of accordingly. (M.N. BHANDARI),J. Preety