Devilal Gurjar vs State Of Rajasthan
2022 Latest Caselaw 10143 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9054/2022

Devilal Gurjar S/o Hiralal, Aged About 44 Years, Village Manpura Jagir, Tehsil Chhoti Sadri, District Pratapgarh, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Chief Secretary, Government Of Rajasthan, Secretariat, Jaipur (Rajasthan)

2. The State Of Rajasthan, Through The Principal Secretary, Department Of Cooperative, Government Of Rajasthan, Secretariat, Jaipur (Rajasthan).

3. The Registrar, Cooperative Societies, Rajasthan Sahkar Bhawan, Bhawani Singh Road, Jaipur

4. The Deputy Registrar, Cooperative Societies, Pratapgarh.

5. Manpur Jagir Gram Seva Sahkari Samiti Limited, Village Manpura Jagir, Tehsil Choti Sadri, District Pratapgarh, Through Its Manager.

6. Rajasthan State Co-Operative Election Tribunal, 10-B, Institutional Area, Sahyog Bhawan, Jhalana Dungri, Jaipur (Raj). Through The Rajasthan State Co-Operative Election Authority

----Respondents

For Petitioner(s) : Mr. Rajat Dave Dr. Rakesh Kumar Sinha For Respondent(s) : Mr. Mrigraj Singh, DGC

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

03/08/2022

This writ petition has been filed by the petitioner being

aggrieved with the proposed amendment in the Bye-laws

Nos.11(2)(a) and 11(2)(b) of the Co-Operative Societies.

(2 of 4) [CW-9054/2022]

Learned counsel for the petitioner has argued that the

petitioner is non-loanee member of the co-operative societies,

however, by the amendment in the Bye-laws Nos.11(2)(a) and

11(2)(b), his rights to elect a non-loanee as a member of the

managing committee of the co-operative societies are curtailed.

It is also argued that as per the provisions of Sections 8 and

123 and Schedule B of the Rajasthan Co-Operative Societies Act,

2001 (hereinafter to be referred as 'the Act of 2001'), the

respondents have no jurisdiction to amend the Bye-laws, which

are not consonance with the provisions of the Act of 2001 and is

contrary to the above referred provisions of the Act of 2001.

Learned counsel for the petitioner has also placed reliance

on the decision dated 24.07.2015 rendered by this Court in SB

Civil Writ Petition No.7465/2010 (Hari Ram Bishnoi vs. State of

Rajasthan & Ors.) and other connected writ petitions and

submitted that the said judgment has already been affirmed by

the Division Bench of this Court.

Learned counsel for the petitioner has also placed reliance on

the decision dated 31.10.1983 rendered by the Hon'ble Supreme

Court in Baba Ji Kondaji Garad vs. Nasik Merchants Co-operative

Bank Ltd., Nasik and Ors. reported in (1984) 2 SCC 50 and argued

that the Hon'ble Supreme Court has specifically held that any

action taken is required to be done in accordance with procedure

laid down under the law and if it is not in accordance with law, the

same will be treated as illegal and arbitrary.

Learned counsel for the petitioner has also submitted that

the prohibition provided under the existing as well as the amended

Bye-laws for non-loanee members to contest the election for the

(3 of 4) [CW-9054/2022]

Chairman of the managing committee, is also discriminatory and

can not be sustained.

It is submitted that when the Act does not provide any

discrimination between the non-loanee and loanee members of

the co-operative societies, it is not within the jurisdiction of the

respondent-State to provide such discrimination by way of

amendment in the Bye-laws.

Learned counsel for the petitioner has, therefore, prayed that

the writ petition may be allowed, the amended Bye-laws may be

declared ultra vires and the State Government be directed to

conduct the election of the managing committee of the

co-operative societies as per unamended Bye-laws while

permitting the non-loanee members for contesting the election for

the Chairman of the managing committee of the co-operative

societies.

Learned counsel for the respondents has submitted that

there is no illegality in the provisions of the amended Bye-laws

and they are very much in conformity with the provisions of the

Act of 2001.

It is further submitted that so far as the prohibition of

non-loanee member to contest the election for the post of

Chairman of the managing committee of the co-operative societies

is concerned, the said provision is in vogue since the enactment in

the Bye-laws under the repealed Act i.e. Rajasthan Co-operative

Societies Act, 1965 and the existing Act of 2001. It is also

submitted that majority of the members who can contest the

election of the Chairman of managing committee are loanee

members of the co-operative societies and the petitioner being a

(4 of 4) [CW-9054/2022]

non-loanee member of the society can not contest the election for

the said post.

Learned counsel for the respondent has also submitted that

the Rajasthan State Co-operative Election Authority vide order

dated 31.07.2022 has already declared the programme for the

election of the members of the managing committee of the co-

operative society. It is submitted that once the elections are

notified, it is not appropriate to stay the said election.

Having heard learned counsel for the parties and after going

through the material available on record, this Court is of the

opinion that matter requires consideration.

Hence, Admit.

No need to issue notice to the respondents as the parties are

already being represented through their respective counsels.

Heard on stay petition.

After taking into consideration the fact that election has

already been notified by the Rajasthan State Co-operative Election

Authority, it would not be appropriate to stay the said election,

however, the result of the election of the members of the

managing committee of the respective co-operative societies shall

remain subject to the final decision of the writ petition.

Stay petition is also disposed of.

(VIJAY BISHNOI),J 86-Arun/-

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