Naresh Dhakad vs State Of Rajasthan
2022 Latest Caselaw 10144 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8566/2022

1. Naresh Dhakad S/o Sh. Kailash Dhakad, Aged About 35 Years, Resident Of Village Post Dhamcha, Tehsil Beghu, District Chittorgarh, Presently Chairman, Dhamancha Gram Sewa Sahakari Samiti Ltd. Dhamanch, Tehsil Beghu, District Chittorgarh (Raj).

2. Krishnachand S/o Sh. Bardaji Dhakad, Aged About 62 Years, Resident Of Village Post Mandawari, Tehsil Beghu, District Chittorgarh, Presently Chairman, Mandawari Gram Sewa Sahakari Samiti Ltd. Mandawari, Tehsil Beghu, District Chittorgarh (Raj).

3. Devalal Dhakad S/o Sh. Modaram, Aged About 62 Years, Resident Of Village Rayta, Tehsil Beghu, District Chittorgarh, Presently Chairman Rayta Gram Sewa Sahakari Samiti Ltd., Rayta, Tehsil Beghu, District Chittorgarh (Raj).

4. Indramal S/o Sh. Bardichand Dhakad, Aged About 55 Years, Resident Of Village Daulatpura, Tehsil Beghu, District Chittorgarh, Presently Chairman Daulatpura Gram Sewa Sahakari Samiti Ltd., Daulatpura, Tehsil Beghu, District Chittorgarh (Raj).

5. Shantilal Sharma S/o Sh. Pyarchand, Aged About 48 Years, Resident Of Village Pachunda, Tehsil Beghu, District Chittorgarh, Presently Chairman Aanwal Heda Gram Sewa Sahakari Samiti Ltd., Aanwal Heda, Tehsil Beghu, District Chittorgarh (Raj).

6. Heeralal S/o Sh. Kajod Dhakad, Aged About 63 Years, Resident Of Village Balwantnagar, Tehsil Beghu, District Chittorgarh, Presently Chairman Katunda Sewa Sahakari Samiti Ltd., Katunda, District Chittorgarh (Raj).

7. Pyarchand S/o Sh. Chogalal Dhakad, Aged About 55 Years, Resident Of Village Baman Heda, Tehsil Beghu, District Chittorgarh, Presently Chairman Govindpura Gram Sewa Sahakari Samiti Ltd., Govindpura, Tehsil Beghu, District Chittorgarh (Raj).

8. Kanhaiyalal S/o Sh. Prabhulal Dhakad, Aged About 50 Years, Resident Of Village Umar, Tehsil Beghu, District Chittorgarh, Presently Chairman Rawadada Gram Sewa Sahakari Samiti Ltd., Rawadada, Tehsil Beghu, District Chittorgarh (Raj).

9. Jagdish Chandra S/o Sh. Chittarji, Aged About 37 Years, Resident Of Jainagar, Tehsil Beghu, District Chittorgarh, Presently Chairman Jainagar Gram Sewa Sahakari Samiti Ltd., Jainagar, Tehsil Beghu, District Chittorgarh (Raj).

10. Bherulal S/o Sh. Baluji Dhakad, Aged About 47 Years, Resident Of Village Tejpur, Tehsil Beju, District Chittorgarh, Presently Chairman Khedi Gram Sewa Sahakari Samiti Ltd., Khedi, Tehsil Beghu, District

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Chittorgarh (Raj).

11. Gopal Lal S/o Sh. Ratnaji Oad, Aged About 58 Years, Resident Of Village Bina Ka Kheda, Post Meghniwas, Tehsil Rawatbhata, District Chittorgarh, Presently Chairman Sanwa Gram Sewa Sahakari Samiti Ltd., Sangwa, Tehsil Beghu, District Chittorgarh (Raj).

12. Smt. Maya Devi S/o Sh. Satyanarain Paliwal, Aged About 45 Years, Resident Of Ward No. 1 Jainagar Road, Tehsil Beghu, District Chittorgarh, Presently Chairman Beghu Gram Sewa Sahakari Samiti Ltd., Beghu, Tehsil Beghu, District Chittorgarh (Raj).

13. Bhanwarlal S/o Sh. Nandaji Dhakad, Aged About 53 Years, Resident Of Village Meghpura, Tehsil Beju, District Chittorgarh, Presently Chairman Rajgarh Talab Gram Sewa Sahakari Samiti Ltd., Meghpura, Tehsil Beghu, District Chittorgarh (Raj).

----Petitioners Versus

1. State Of Rajasthan, Through Registrar, Cooperative Societies, Nehru Sahkar Bhawan, 22 Godawn, Jaipur.

2. Joint Secretary, Cooperative Department, Secretariat, Jaipur.

3. State Cooperative Election Authority, 10 B Sansthgat Shetra, Raisem Bhawan, Jhalana Dungri, Jaipur (Raj).

4. Deputy Registrar, Cooperative Societies, Chittorgarh (Raj).

----Respondents Connected with

S.B. Civil Writ Petition No. 8577/2022

1. Ratanlal S/o Sh. Narainlal, Aged About 49 Years, Resident Of Dovani, Tehsil Kapasan, District Chittorgarh, Presently Chairman, Dovani Gram Sewa Sahakari Samiti Ltd. Dovani, Tehsil Kapasan, District Chittorgarh (Raj.).

2. Badrilal S/o Sh. Monoram Ji, Aged About 52 Years, Resident Of Village Langach, Tehsil Kapasan, District Chittorgarh, Presently Chairman, Longach Gram Sewa Shahakari Samiti Ltd. Langach, Tehsil Kapasan, District Chittorgarh (Raj.).

3. Jagdishchandra S/o Sh. Jeetmalji, Aged About 51 Years, Resident Of Village Dhamana, Tehsil Kapasan, District Chittorgarh, Presently Chairman, Dhamana Gram Sewa Shahakari Samiti Ltd. Dhamana Tehsil Kapasan District Chittorgarh (Raj.).

4. Boatlal S/o Sh. Lobhchandji, Aged About 45 Years, Resident Of Village Umand, Tehsil Kapasan, District Chittorgarh, Presently Chairman, Umand Gram Sewa Shahakari Samiti Ltd. Umand, Tehsil Kapasan, District Chittorgarh (Raj.).

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5. Ratanlal Sharma S/o Sh. Banshi Lal, Aged About 55 Years, Resident Of Village Raghunathpura, Tehsil Kapasan, District Chittorgarh, Presently Chairman, Mungana Gram Sewa Sahakari Samiti Ltd. Mungana, Tehsil Kapasan, District Chittorgarh (Raj.).

6. Kalulal Ahir S/o Sh. Lobh Chand, Aged About 40 Years, Resident Of Village Sinhpur, Tehsil Kapasan, District Chittorgarh, Presently Chairman, Sinhpur Gram Sewa Sahakari Samiti Ltd. Sinhpur, Tehsil Kapasan, District Chittorgarh (Raj.).

7. Badrilal S/o Mohanlal Jat, Aged About 48 Years, Resident Of Village Lakha Ka Kheda, Tehsil Kapasan, District Chittorgarh, Presently Chairman, Bamaniya Gram Sewa Sahakari Samiti Ltd. Bamaniya, Tehsil Kapasan, District Chittorgarh (Raj.).

8. Udaipuri Gusai S/o Sh. Hulpuri, Aged About 57 Years, Resident Of Village Semliya, Panchayat Samiti Dungla, District Chittorgarh, Presently Chairman, Semliya Sewa Shahakari Samiti Ltd. Semliya, Panchayat Samiti Dungla, District Chittorgarh (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through Registrar, Co-Operative Societies, Nehru Sahkar Bhawan, 22 Godawn, Jaipur.

2. Joint Secretary, Co-Operative Department, Secretariat, Jaipur.

3. State Co-Opertive Election Authority, 10 B Sansthgat Shetra, Raisem Bhawan, Jhalana Dungri, Jaipur (Raj.).

4. Deputy Registrar, Co-Operative Societies, Chittorgarh (Raj.).

----Respondents

S.B. Civil Writ Petition No. 8578/2022

1. Rameshchandra Purohit S/o Rahunandan Purohit, Aged About 52 Years, Purohito Ka Sanwta, Post Narela, Tehsil And District Chittorgarh, Presently Chairman, Purohito Ka Sanwta Gram Sewa Sahkari Samiti Ltd. Purohita Ka Sanwta, Chittorgarh (Raj).

2. Shiv Lal Sharma S/o Nand Lal Sharma, Aged About 43 Years, Rajpuriya, Netawalgarh, Panchhli, District Chittorgarh, Presently Chairman, Aaral Gram Sewa Sahkari Samiti Ltd. Aaral, District Chittorgarh (Raj).

3. Unkarlal Jat S/o Nathulal, Aged About 68 Years, Village Aaral, District Chittorgarh, Presently Chairman, Netavalgarh Gram Sewa Sahkari Samiti Ltd. Netavalgarh, District Chittorgarh (Raj).

4. Radheshyam Joshi S/o Kalulal Brahmin, Aged About 64 Years, Village Dhanet Kalan, Tehsil And District Chittorgarh, Presently Chairman, Dhanet Gram Sewa

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Sahkari Samiti Ltd. Dhanet Kalan, District Chittorgarh (Raj).

5. Ashok Singh Rathore S/o Laxman Singh, Aged About 53 Years, Village Sirdhi, Tehsil And District Chittorgarh, Presently Chairman, Manpura Gram Sewa Sahkari Samiti Ltd. Manpura, District Chittorgarh (Raj).

6. Shivlal S/o Devilal Jat, Aged About 44 Years, Village Udhpura, Tehsil And District Chittorgarh, Presently Chairman, Udhpura Gram Sewa Sahkari Samiti Ltd. Udhpura, District Chittorgarh (Raj).

7. Hemraj S/o Tulsiram Bhoi, Aged About 55 Years, Village Gilund, Tehsil And District Chittorgarh, Presently Chairman, Gilund Gram Sewa Sahkari Samiti Ltd. Gilund, District Chittorgarh (Raj).

8. Chandresh Chaturvedi S/o Kailash Chandra Chaturvedi, Aged About 49 Years, Village Mishro Ki Pipli, Tehsil And District Chittorgarh, Presently Chairman, Mishro Ki Pipli Gram Sewa Sahkari Samiti Ltd. Mishro Ki Pipli, District Chittorgarh (Raj).

9. Smt. Laxmi Bai Ahir W/o Kawarchandji, Aged About 58 Years, Narela, Tehsil And District Chittorgarh, Presently Chairman, Narala Gram Sewa Sahkari Samiti Ltd. Narela, Chittorgarh (Raj).

10. Ajaydeo S/o Bacchan Singh, Aged About 56 Years, Village Maharaj Ki Netawal, Tehsil And District Chittorgarh, Presently Chairman, Maharaj Ki Netawal Gram Sewa Sahkari Samiti Ltd. Maharaj Ki Netawal, District Chittorgarh (Raj).

11. Shantilal S/o Chunnilal, Aged About 58 Years, Village Arniya Panth, Tehsil And District Chittorgarh, Presently Chairman, Arniya Panth Gram Sewa Sahkari Samiti Ltd. Arniya Panth, District Chittorgarh (Raj).

12. Bhagwat Singh S/o Govind Singh, Aged About 70 Years, Village Chouthpura, Tehsil And District Chittorgarh, Presently Chairman, Chouthpura Gram Sewa Sahkari Samiti Ltd. Chouthpura, District Chittorgarh (Raj).

13. Baluram S/o Nathji Jat, Aged About 70 Years, Village Seti, Tehsil And District Chittorgarh, Presently Chairman, Seti Gram Sewa Sahkari Samiti Ltd. Seti, District Chittorgarh (Raj).

14. Ratanlal S/o Girdhari Jat, Aged About 52 Years, Village Sahanava, Tehsil And District Chittorgarh, Presently Chairman, Sahanava Gram Sewa Sahkari Samiti Ltd. Sahanava, District Chittorgarh (Raj).

15. Baluram Jat S/o Chaturbhuj Jat, Aged About 62 Years, Village Jalampura, Tehsil And District Chittorgarh, Presently Chairman, Jalampura Gram Sewa Sahkari Samiti Ltd. Jalampura, District Chittorgarh (Raj).

----Petitioners Versus

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1. State Of Rajasthan, Through Registrar, Co-Operative Societies, Nehru Sahkar Bhawan, 22 Go Dawn, Jaipur.

2. Joint Secretary, Co-Operative Department, Secretariat, Jaipur

3. State Co-Operative Election Authority, 10 B Sansthgat Shetra, Raisem Bhawan, Jhalana Dungari, Jaipur (Raj).

4. Deputy Registrar, Co-Operative Societies, Chittorgarh (Raj).

----Respondents

S.B. Civil Writ Petition No. 8580/2022

1. Ambalal S/o Dal Chand, Aged About 70 Years, Village Baru, Tehsil Rashmi, District Chittorgarh, Presently Chairman Baru Gram Sewa Sahkari Samiti Ltd. Baru, Tehsil Rashmi, District Chittorgarh (Raj)

2. Shankarlal S/o Heeralal Jat, Aged About 66 Years, Village Aarni, Tehsil Rashmi, District Chittorgarh, Presently Chairman Aarni Gram Sewa Sahkari Samiti Ltd. Aarni, Tehsil Rashmi, District Chittorgarh (Raj)

3. Sampatlal S/o Ramlal Jat, Aged About 41 Years, Village Gurajniya, Tehsil Rashmi, District Chittorgarh, Presently Chairman Harnathpura Gram Sewa Sahkari Samiti Ltd. Harnathpura, Tehsil Rashmi, District Chittorgarh (Raj)

4. Laxmanlal S/o Madhavlal Ahir, Aged About 49 Years, Village Aadana, Tehsil Rashmi, District Chittorgarh, Presently Chairman Adana Gram Sewa Sahkari Samiti Ltd. Adana, Tehsil Rashmi, District Chittorgarh (Raj)

5. Roshanlal S/o Ramlal, Aged About 52 Years, Village Dindoli, Tehsil Rashmi, District Chittorgarh, Presently Chairman Dindoli Gram Sewa Sahkari Samiti Ltd. Dindoli, Tehsil Rashmi, District Chittorgarh (Raj).

6. Shivshankar Dadhich S/o Chunnilal, Aged About 71 Years, Village Jawaharnagar, Tehsil Rashmi, District Chittorgarh, Presently Chairman Revada Gram Sewa Sahkari Samiti Ltd. Revada, Tehsil Rashmi, District Chittorgarh (Raj).

7. Shobhalal S/o Nathu Jat, Aged About 40 Years, Village Pavli, Tehsil Rashmi, District Chittorgarh, Presently Chairman Pavli Sewa Sahkari Samiti Ltd. Pavli, Tehsil Rashmi, District Chittorgarh (Raj).

8. Hansraj S/o Madhavlal, Aged About 62 Years, Village Rudh, Tehsil Rashmi, District Chittorgarh, Presently Chairman Rudh Gram Sewa Sahkari Samiti Ltd. Rudh, Tehsil Rashmi, District Chittorgarh (Raj).

9. Kishanlal S/o Ramlal Ahir, Aged About 40 Years, Village Lasadiya Khurd, Post Muroli, Tehsil Rashmi, District Chittorgarh, Presently Chairman Jadana Gram Sewa Sahkari Samiti Ltd. Jadana, Tehsil Rashmi, District Chittorgarh (Raj).

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10. Kanku Devi W/o Madhulal Jat, Aged About 45 Years, Village Bhimgarh, Tehsil Rashmi, District Chittorgarh, Presently Chairman Bhimgarh Gram Sewa Sahkari Samiti Ltd. Bhimgarh, Tehsil Rashmi, District Chittorgarh (Raj).

11. Shankarlal S/o Dhulaji Ahir, Aged About 44 Years, Village Upareda, Tehsil Rashmi, District Chittorgarh, Presently Chairman Upareda Gram Sewa Sahkari Samiti Ltd. Upareda, Tehsil Rashmi, District Chittorgarh (Raj).

----Petitioners Versus

1. State Of Rajasthan, Through Registrar, Co-Operative Societies, Nehru Sahkar Bhawan, 22 Go Dawn, Jaipur.

2. Joint Secretary, Co-Operative Department, Secretariat, Jaipur

3. State Co-Operative Election Authority, 10 B Sansthgat Shetra, Raisem Bhawan, Jhalana Dungari, Jaipur (Raj).

4. Deputy Registrar, Co-Operative Societies, Chittorgarh (Raj).

----Respondents

S.B. Civil Writ Petition No. 8586/2022

1. Karan Singh S/o Sh. Kishan Singh, Aged About 52 Years, Resident Of Village Boheda, Tehsil Badi Sadri, District Chittorgarh, Presently Chairman, Boheda Gram Sewa Shahakari Samiti Ltd., Boheda, Tehsil Badi Sadri, District Chittorgarh (Raj.).

2. Jagdish Gurjar S/o Sh. Mangilal, Aged About 46 Years, Resident Of Village Kiratpura, Tehsil Badi Sadri, District Chittorgarh, Presently Chairman, Kiratpura Gram Sewa Sahakari Samiti Ltd., Kiratpura, Tehsil Badi Sadri, District Chittorgarh (Raj.).

3. Gaurishankar S/o Sh. Moolchand Ji, Aged About 53 Years, Resident Of Village Nikumbh, Tehsil Badi Sadri, District Chittorgarh, Presently Chairman, Nikumbh Gram Sewa Shahakari Samiti Ltd., Nikumbh, Tehsil Badi Sadri, District Chittorgarh (Raj.).

4. Geeta Bai W/o Sh. Kalugiri, Aged About 58 Years, Resident Of Village Kachumara, Tehsil Badi Sadri, District Chittorgarh, Presently Chairman, Sangariya Gram Sewa Sahakari Samiti Ltd., Sangariya, Tehsil Badi Sadri, District Chittorgarh (Raj.).

5. Kanwarlal S/o Sh. Udaji, Aged About 52 Years, Resident Of Village Khermaliya, Tehsil Badi Sadri, District Chittorgarh, Presently Chairman, Khermaliya Gram Sewa Sahakari Samiti Ltd., Khermaliya, Tehsil Badi Sadri, District Chittorgarh (Raj.).

6. Narain Singh S/o Sh. Deep Singh, Aged About 74 Years, Resident Of Village Punawali, Tehsil Badi Sadri, District

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Chittorgarh, Presently Chairman, Punawali Gram Sewa Sahakari Samiti Ltd., Punawali, Tehsil Badi Sadri, District Chittorgarh (Raj.).

7. Vardhichand Sharma S/o Sh. Shivram, Aged About 52 Years, Resident Of Village Parsoli, Tehsil Badi Sadri, District Chittorgarh, Presently Chairman, Parsoli Gram Sewa Shahakari Samiti Ltd., Parsoli, Tehsil Badi Sadri, District Chittorgarh (Raj.).

8. Nathu Singh S/o Sh. Devi Singh Rao, Aged About 65 Years, Resident Of Village Khardevla, Tehsil Badi Sadri, District Chittorgarh, Presently Chairman, Khardevla Gram Sewa Shahakari Samiti Ltd., Khardevla, Tehsil Badi Sadri, District Chittorgarh (Raj.).

9. Devilal S/o Sh. Hukmichand Janwa, Aged About 52 Years, Resident Of Village Bhanuja, Tehsil Badi Sadri, District Chittorgarh, Presently Chairman, Bhanuja Gram Sewa Sahakari Samiti Ltd., Tehsil Badi Sadri, District Chittorgarh (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through Registrar, Co-Operative Societies, Nehru Sahkar Bhawan, 22 Godawn, Jaipur.

2. Joint Secretary, Co-Operative Department, Secretariat, Jaipur

3. State Co-Operative Election Authority, 10 B Sansthgat Shetra, Raisem Bhawan, Jhalana Dungari, Jaipur (Raj).

4. Deputy Registrar, Co-Operative Societies, Chittorgarh (Raj).

----Respondents

S.B. Civil Writ Petition No. 8592/2022

1. Mod Singh S/o Pratap Singh, Aged About 65 Years, Resident Of Village Charbhuja Aadar Bavji, Tehsil Rawatbhata, District Chittorgarh, Presently Chairman, Badodiya Gram Sewa Sahakari Samiti Ltd. Badodiya, Tehsil Rawatbhata, District Chittorgarh (Raj)

2. Gulab Singh S/o Sh. Nathu Singh, Aged About 60 Years, Resident Of Village Bhensrodgarh, Tehsil Rawatbhata, District Chittorgarh, Presently Chairman, Javda Gram Sewa Sahakari Samiti Ltd. Javda, Tehsil Rawatbhata, District Chittorgarh (Raj).

3. Amar Singh S/o Sh. Bheru Singh, Aged About 62 Years, Resident Of Village Daulatpura, Tehsil Rawatbhata, District Chittorgarh, Presently Chairman, Tolu Ka Luhariya Gram Sewa Sahakari Samiti Ltd. Tolu Ka Luhariya , Tehsil Rawatbhata, District Chittorgarh (Raj).

4. Murlidhar S/o Sh. Nandlal Ji, Aged About 57 Years, Resident Of Village Bhensrodgarh, Tehsil Rawatbhata, District Chittorgarh, Presently Chairman, Bhensroadgarh

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Gram Sewa Sahakari Samiti Ltd. Bhensrodgarh, Tehsil Rawatbhata, District Chittorgarh (Raj).

5. Mani Ram S/o Sh. Pyarchand Dhakad, Aged About 48 Years, Resident Of Village Borav, Tehsil Rawatbhata, District Chittorgarh, Presently Chairman, Borav Gram Sewa Sahakari Samiti Ltd. Borav, Tehsil Rawatbhata, District Chittorgarh (Raj).

6. Rajulal Dhakad S/o Sh. Balu Lal Ji, Aged About 53 Years, Resident Of Village Jawaharnagar, Tehsil Rawatbhata, District Chittorgarh, Presently Chairman, Jawaharnagar Gram Sewa Sahakari Samiti Ltd. Jawaharnagar, Tehsil Rawatbhata, District Chittorgarh (Raj).

7. Rodulal S/o Sh. Harlal, Aged About 53 Years, Resident Of Village Nahargarh, Tehsil Rawatbhata, District Chittorgarh, Presently Chairman, Pratappura Gram Sewa Sahakari Samiti Ltd. Pratappura, Tehsil Rawatbhata, District Chittorgarh (Raj).

8. Rameshwar Vaishnav S/o Sh. Balu Ji, Aged About 42 Years, Resident Of Village Eklingpura, Tehsil Rawatbhata, District Chittorgarh, Presently Chairman, Eklingpura Gram Sewa Sahakari Samiti Ltd. Eklingpura, Tehsil Rawatbhata, District Chittorgarh (Raj).

9. Nirmal Dhakad S/o Sh. Lalji, Aged About 36 Years, Resident Of Village Gopalpura, Tehsil Rawatbhata, District Chittorgarh, Presently Chairman, Devpura Gram Sewa Sahakari Samiti Ltd. Devpura, Tehsil Rawatbhata, District Chittorgarh (Raj).

----Petitioners Versus

1. State Of Rajasthan, Through Registrar, Co-Operative Societies, Nehru Sahkar Bhawan, 22 Godawn, Jaipur.

2. Joint Secretary, Co-Operative Department, Secretariat, Jaipur

3. State Co-Operative Election Authority, 10 B Sansthgat Shetra, Raisem Bhawan, Jhalana Dungari, Jaipur (Raj).

4. Deputy Registrar, Co-Operative Societies, Chittorgarh (Raj).

----Respondents S.B. Civil Writ Petition No. 8779/2022

Laxman Singh Khor S/o Shri Savant Singh, Aged About 59 Years, Resident Of Village Khor, Post Jalampura, District Chittorgarh, Presently Chairman Ghantiawali Co-Operative Society, Ghatiawali, District Chittorgarh (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Registrar, Co-Operative Societies, Nehru Sahkar Bhawan, 22 Godawn, Jaipur.

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2. Joint Secretary, Co-Operative Department, Secretariat, Jaipur.

3. State Co-Operative Election Authority, 10 B - Sansthgat Shetra, Raisem Bhawan, Jhalana Dungri, Jaipur (Raj.).

4. Deputy Registrar, Co-Operative Societies, Chittorgarh (Raj.).

----Respondents

S.B. Civil Writ Petition No. 8780/2022

1. Purna Ram S/o Rugha Ram, Aged About 74 Years, R/o At Present Chaiman G.s.s. Melusar, Tehsil Ratangarh, District Churu, Rajasthan.

2. Ram Karan S/o Hunta Ram, Aged About 63 Years, R/o At Present Chaiman G.s.s. Jaisangsar, Tehsil Sardarsahar, District Churu, Rajasthan.

3. Dhanpat Singh S/o Khubi Ram, Aged About 53 Years, R/o At Present Chaiman G.s.s. Ratanpura, Tehsil Ratangrah, District Churu, Rajasthan.

4. Mewa Singh S/o Tarkha Ram, Aged About 57 Years, R/o At Present Chaiman G.s.s. Radha Badi, Tehsil Ratangrah, District Churu, Rajasthan.

5. Bhanwar Singh S/o Surat Singh, Aged About 80 Years, R/o At Present Chaiman G.s.s. Regi, Tehsil Taranagar, District Churu, Rajasthan.

6. Vijay Singh S/o Sumer Singh, Aged About 48 Years, R/o At Present Chaiman G.s.s. Lohsana Bada, Tehsil Churu, District Churu, Rajasthan.

7. Heera Lal S/o Ganpat Lal, Aged About 75 Years, R/o At Present Chaiman G.s.s. Syanan, Tehsil Sujangrah, District Churu, Rajasthan.

8. Shyam Lal Deg S/o Jhalu Ram, Aged About 72 Years, R/o At Present Chaiman G.s.s. Ruchurusar, Tehsil Ratangrah, District Churu, Rajasthan.

9. Surja Ram S/o Ram Rikh, Aged About 66 Years, R/o At Present Chaiman G.s.s. Gogasar, Tehsil Ratangrah, District Churu, Rajasthan.

10. Ram Ratan Sharma S/o Nagar Mal Sharma, Aged About 64 Years, R/o At Present Chaiman G.s.s. Bhukhredi, Tehsil Ratangrah, District Churu, Rajasthan.

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11. Hema Ram S/o Kishan Ram, Aged About 69 Years, R/o At Present Chaiman G.s.s. Simsiya, Tehsil Ratangrah, District Churu, Rajasthan.

12. Ummaid Singh S/o Vishan Singh, Aged About 77 Years, R/o At Present Chaiman G.s.s. Goalsar, Tehsil Ratangrah, District Churu, Rajasthan.

13. Bhawani Singh S/o Kalyan Singh, Aged About 63 Years, R/o At Present Chaiman G.s.s. Khotadi, Tehsil Ratangrah, District Churu, Rajasthan.

14. Bhanwar Singh S/o Jaswant Singh, Aged About 74 Years, R/o At Present Chaiman G.s.s. Nuwa, Tehsil Ratangrah, District Churu, Rajasthan.

15. Rewata Ram S/o Dhanna Ram, Aged About 64 Years, R/o At Present Chaiman G.s.s. Pabusar, Tehsil Ratangrah, District Churu, Rajasthan.

16. Ranveer Singh S/o Dan Singh, Aged About 56 Years, R/o At Present Chaiman G.s.s. Thatawata, Tehsil Ratangrah, District Churu, Rajasthan.

17. Mahveer S/o Gopal Ram, Aged About 65 Years, R/o At Present Chaiman G.s.s. Ratangrah, Tehsil Ratangrah, District Churu, Rajasthan.

18. Indra Chand S/o Vega Ram, Aged About 54 Years, R/o At Present Chaiman G.s.s. Kusumdesar, Tehsil Ratangrah, District Churu, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Registrar, Co-Operative Societies, Nehru Sahkar Bhawan, 22 Godawn, Jaipur.

2. State Co-Operative Election Authority, 10 B - Sansthgat Shetra, Raisem Bhawan, Jhalana Dungri, Jaipur (Raj.).

3. Deputy Registrar, Co-Operative Societies, Churu, (Raj.).

4. Chief Executive Officer, The Churu Central Co-Operative Bank Ltd, Head Office, Churu (Raj.).

Respondents S.B. Civil Writ Petition No. 8870/2022

1. Pushpendra Singh S/o Late Shree Mahendra Singh, Aged About 60 Years, Village Kurki, Tehsil Jaitaran, District Pali At Present Chairman, Kurki Co-Operative Society,

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Kurki, Tehsil Jaitaran, District Pali, Rajasthan.

2. Ratan Ram S/o Narayan Lal, Aged About 55 Years, At Present Chairman, Anandpur Kalu Co-Operative Society, Anandpur Kalu, Tehsil Jaitaran, District Pali, Rajasthan.

3. Deena Ram S/o Choga Ram, Aged About 65 Years, At Present Chairman, Digarna Co-Operative Society, Digarana, Tehsil Jaitaran, District Pali, Rajasthan.

4. Badar Ram S/o Mangla Ram, Aged About 70 Years, At Present Chairman, Balunda Co-Operative Society, Balunda, Tehsil Jaitaran, District Pali, Rajasthan.

5. Pappu Ram S/o Jay Ram, Aged About 40 Years, At Present Chairman, Kanwaliya Co-Operative Society, Kanwaliya, Tehsil Jaitaran, District Pali, Rajasthan.

6. Sataynarayan S/o Mohan Lal, Aged About 70 Years, At Present Chairmna, Lambiya Co-Operative Society, Lambiya, Tehsil Jaitaran, District Pali, Rajasthan.

7. Ladu Singh S/o Mohabbat Singh, Aged About 60 Years, At Present Chairman, Bhumbaliya Co-Operative Society, Bhumbaliya, Tehsil Jaitaran, District Pali, Rajasthan.

8. Anar Singh S/o Jai Singh, Aged About 50 Years, At Present Chairman, Rabariyawas Co-Operative Society, Rabariyawas, Tehsil Jaitaran, District Pali, Rajasthan.

9. Prahalad Singh S/o Ganpat Singh, Aged About 45 Years, At Present Chairman, Balada Co-Operative Soceity, Balada, Tehsil Jaitaran, District Pali, Rajasthan.

10. Jassa Ram S/o Daya Ram, Aged About 65 Years, At Present Chairman, Falka Co-Operative Society, Falka, Tehsil Jaitaran, District Pali, Rajasthan.

11. Mod Singh S/o Shivnath Singh, Aged About 70 Years, At Present Chairman, Kakendra Co-Operative Society, Kakendra, Tehsil Jaitaran, District Pali, Rajasthan.

12. Saradar Ram S/o Bodu Ram, Aged About 45 Years, At Present Chairman, Asarlai Co-Operative Society, Asarlai, Tehsil Jaitaran, District Pali, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Registrar, Co-Operative Societies, Nehru Sahkar Bhawan, 22 Godawn, Jaipur.

2. State Co-Operative Election Authority, 10 B - Sansthgat

(12 of 15)

Shetra, Raisem Bhawan, Jhalana Dungri, Jaipur (Raj.).

3. Deputy Registrar, Co-Operative Societies, Pali, (Raj.).

4. Chief Executive Officer, The Pali Central Co-Operative Bank Ltd., Head Office, Pali (Raj.).

Respondents

For Petitioner(s) : Mr. Paramveer Singh Mr. Mahaveer Singh For Respondent(s) : Mr. Mrigraj Singh, Dy.GC

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

03/08/2022

These writ petitions have been filed by the petitioners, who

are the chairman of the respective Cooperative Societies, being

aggrieved with the action of the respondents of amending the

Bye-laws of the Gram Seva Sahakari Samiti. The Registrar,

Cooperative Societies has proposed the amendment in the Bye-

laws Nos.11 (2)(a) and 11(2)(b) of theGram Seva Sahakari Samiti

and in the Bye-laws No.34 (2)(a) and 34 (2)(b) of the o`gn d`f'k

cgqn~ns"kh; lgdkjh lfefr.

Learned counsel for the petitioners have submitted that

amendment in the Bye-laws is done by the Registrar concerned

without following the procedure laid down under Section 11 of the

Rajasthan Co-operative Societies Act, 2001 (hereinafter to be

referred as 'the Act of 2001').

Learned counsel for the petitioners while referring to the

provisions of Section 8 and 123 as well as Scheduled B of the Act

of 2001 has argued that amendment in the Bye-laws is contrary to

the above referred provisions of the Act of 2001. It is submitted

that before amendment in the aforesaid Bye-laws, all the

(13 of 15)

members of the Cooperative Societies, loanee and non-loanee,

were entitled to elect 11 members from the loanee category and

one member from the non-loanee category, however, now as per

the amendment in the Bye-laws, elections of the members of the

managing committee are to be conducted ward-wise and for that

purpose, 12 wards are to be constituted in each Co-operative

Societies.

The grievance of the petitioners is to the effect that earlier,

the members of the Co-operative Societies were having right to

elect 11 members of the managing committee of the co-operative

societies under loanee category and one member under non-

loanee category, but after formation of the wards, right to elect 11

members of the managing committee curtail to elect only one

member of the managing committee in the category of loanee and

non-loanee.

Learned counsel for the petitioner has argued that when the

State Government has no power under the provisions of Act of

2001 to change the manner of election of the members of the

managing committee, the action of the respondent of amending

the provisions of bye-laws is absolutely without jurisdiction.

In support of his contention, learned counsel for the

petitioners have placed reliance on the decision of this Court

rendered in SB Civil Writ Petition No.7465/2010 (Hari Ram Bishnoi

vs. State of Rajasthan & Ors.) and other connected writ petitions.

It is also submitted that above referred decision has already been

affirmed by the Division Bench of this Court vide judgment dated

18.05.2022. Learned counsel for the petitioners has, therefore,

argued that the respondents may be directed to conduct the

(14 of 15)

election of the managing committee of the co-operative societies

as per the un-amended Bye-laws.

While opposing the writ petition, learned counsel for the

Cooperative-societies has argued that the State Government has

not committed any illegality in amending the Bye-laws of the Co-

operative societies. It is argued that as per Section 8, 123 and

Schedule B of the Act of 2001, the respondents are fully

competent to hold elections of the managing committee of the Co-

operative societies while formation of wards. It is also submitted

that by amending the Bye-laws, right to elect the members of Co-

operative societies has not been curtailed.

Learned counsel for the respondents has further submitted

that amendment in the Bye-laws is introduced with the intention

to give proportional representation and, in such circumstances, it

cannot be said that it is detriment to the interest of the society.

It is also submitted that the procedure laid down under

Section 11 of the Act of 2001 has religiously been followed while

amending the Bye-laws.

Learned counsel for the respondents has also invited my

attention towards the notification issued by the Rajasthan State

Co-operative Election Authority dated 31.07.2022, whereby, the

election programme for elections of all the members of the

managing committee of the societies has already been notified.

Learned counsel has, therefore, submitted that once the elections

have been notified, it would not be appropriate to stay the

election.

Having heard learned counsel for the parties and after going

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

opinion that the matters requires consideration.

(15 of 15)

Hence, admit.

After taking into consideration the fact that election have

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 this writ petition.

Stay petition is also disposed of.

(VIJAY BISHNOI),J 69-Arun/-

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