Laxman Singh Khor vs State Of Rajasthan
2023 Latest Caselaw 190 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 52/2023

Laxman Singh Khor S/o Shri Savant Singh, Aged About 62 Years, Village Khor, Post Jalampura, District Chittorgarh (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Registrar, Co-Operative Societies, Nehru Sahkar Bhawan, 22 Godawan, Jaipur (Raj.).

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

3. Joint Secretary, Co-Operative Department, State Of Rajasthan, Jaipur (Raj.).

4. District Collector, Chittorgarh (Raj.).

5. Chittorgarh Central Co-Operative Bank Ltd., Head Office, Chittorgarh, Through Its Managing Director (Raj.).

                                                                 ----Respondents


For Petitioner(s)          :    Mr. T.S. Champawat
                                Mr. Paramveer Singh
For Respondent(s)          :



           HON'BLE MR. JUSTICE VIJAY BISHNOI
          HON'BLE MR. JUSTICE MADAN GOPAL VYAS

                           Judgment / Order

06/01/2023

Learned counsel for the petitioner has submitted that Section

30 of the Rajasthan Co-operative Societies Act, 2001 was

amended vide Amendment Act of 2015 and Section 30-C and

Section 32 of the Rajasthan Co-operative Societies Act, 2001 were

amended under the Amendment Act of 2016. The said

amendments were challenged before the Division Bench of this

Court in DB Civil Writ Petition No.13859/2016 (Bhanwar Lal Vs.

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State of Rajasthan & Ors) decided on 11.05.2017 and this Court

has declared the amendment introduced to Section 30 of the

Rajasthan Co-operative Societies Act, 2001 under the Amendment

Act, 2015 as ultra vires to the provisions of Article 14 and Article

19(1)(c) readwith Article 43-B, 243ZJ, 243ZK, 243ZL of the

Constitution of India. The Division Bench of this Court also

declared the amendment to Sections 30-C and 32 of the Rajasthan

Co-operative Societies Act, 2001 amended under the Amendment

Act of 2016 as ultra vires to the provisions of Article 14 and

Articles 19(1)(c) read with Article 43-B, 243ZJ, 243ZK, 243ZL of

the Constitution of India. The Division Bench has also directed to

restore Section 30 and Section 32 as they existed prior to the

amendments introduced in the years 2015 and 2016.

It is submitted that in compliance of the judgment delivered

by the Division Bench, the State Government has restored the

earlier provisions of Section 30 and Section 32 of the Act of 2001

and pursuant to that, elections for the Co-operative Societies have

also been conducted and the petitioner was elected as the

Chairman of Central Co-operative Bank Ltd., Chittorgarh.

Learned counsel for the petitioner has also submitted that

now in the light of the judgment passed by the Hon'ble Supreme

Court in Civil Appeal Nos.9108-9109/2014 (Union of India Vs.

Rajendra N Shah & Anr.) dated 20.07.2021, the State Government

has again restored the amended provisions of Section 30, 30-C

and 32 of the Rajasthan Co-operative Societies Act, 2001 vide

Notification dated 02.12.2022.

Learned counsel has argued that the Division Bench of this

Court has declared the provisions introduced to Section 30, 30-C,

32 of the Act of 2001 as ultra vires while holding them to be in

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direct conflict with the provisions of Article 14 and Article 19(1)(c)

read with Article 43-B alongwith the Articles mentioned in the part

IX-B of the Constitution of India, but now when the Hon'ble

Supreme Court has declared that part IX-B of the Constitution of

India is not applicable on the State Co-operative Societies, it is not

open for the State Governments to reintroduce those amended

provisions of Section 30, 30-C and 32 of the Act of 2001, which

were also declared as ultra vires to Article 14 and 19 (1)(c) and

Article 43-B of the Constitution of India.

Taking into consideration the above submissions made on

behalf of the counsel for the petitioner, we deem it proper to issue

notices to the respondents.

Issue notice to the respondents. Issue notice of the Stay

application also, returnable within six weeks.

In the meantime, effect and operation of the Notification

dated 02.12.2022 (Annex.11) and the consequential order dated

26.12.2022 issued by the Registrar, Co-operative Societies shall

remain stayed.

(MADAN GOPAL VYAS),J (VIJAY BISHNOI),J 10-nidhi/-

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