Hon'ble MATHUR, J.—The Additional Registrar, Cooperative Societies, Udaipur Division, Udaipur, by an order dated 6.8.2012, while exercising powers under Sec. 30(2) of the Rajasthan Cooperative Societies Act, 2001 (hereinafter referred to as “the Act of 2001”), removed the petitioner from the office of the President and Membership of the Management Committee of Kachchher Dugdh Utpadak Sahkari Samiti Ltd. To challenge the order afore-said, the petitioner preferred a petition for writ and that came to be rejected under the order dated 22.8.2012, hence, this special appeal is preferred.

2. Learned Single Bench negatived contention of the petitioner that under the scheme of the Act of 2001 the power to remove a person from membership of the cooperative societies, its executive or any office vests with Joint Registrar, thus, the order impugned is without jurisdiction being passed by the Additional Registrar. The other argument of the petitioner that as per Rule 36 of the Rajasthan Cooperative Societies Rules, 2003 (hereinafter referred to as “the Rules of 2003”), there should be a proposal by the registering authority for initiating proceedings under Section 30(2) of the Act of 2001, but in the instant matter no such proposal was made.

3. In appeal, learned counsel for the appellant while reiterating the grounds referred above also submitted that the order impugned is bad being passed without affording reasonable opportunity to the petitioner to state his objections.

4. To adjudicate the issues involved, it shall be appropriate to notice certain necessary facts giving rise to present litigation.

5. The petitioner was elected as a Director and Chairman of Udaipur Zila Dugdh Utpadak Sahkari Sangh Limited, Udaipur. At the instance of one Assistant Project Officer working with Mahatma Gandhi NAREGA Panchayat Samiti, Chittorgarh an FIR was registered with Anti Corruption Bureau and while acting upon that a raid was made at the house of the petitioner on 29.6.2012. The raid party recovered a sum of Rs.10,000/- in a newspaper “Dainik Bhaskar”, Udaipur Edition. The petitioner was arrested on 29.6.2012 (Friday) and was released on bail on 2.7.2012 (Monday). The petitioner preferred a miscellaneous petition before this Court under Section 482 Code of Criminal Procedure to challenge the first information report referred above and the proceedings initiated in pursuance thereto. In the background aforesaid, a notice dated 9.7.2012 issued by the Additional Registrar, Coopera-tive Societies, Udaipur was served upon the petitioner on 9.7.2012 calling her explanation and objections as to why she be not removed from the office of the Chairman, Kachchher Dugdh Utpadak Sahkari Samiti Limited and also from membership of its Management Committee. The petitioner on 30.7.2012 submitted detailed objections and also claimed for adducing evidence to defend herself and for grant of an opportunity of personal hearing. The matter was fixed before the Additional Registrar, Cooperative Societies, Udaipur on 6.8.2012 and as per the petitioner on the same day the matter came to be disposed of without even calling her for hearing. The petitioner stated that she was present in the office of the Additional Registrar, Cooperative Societies on 6.8.2012 but the Additional Registrar without calling her to adduce evidence and to avail opportunity of hearing, passed the order impugned on same day removing her from the office of the President of the Cooperative Societies and also from membership of its Management Committee.

6. As already stated, the order impugned dated 6.8.2012 was subject matter of the writ petition that came to be dismissed under the judgment impugned. Learned Single Bench arrived at the conclusion that under Rule 36 of the Rules of 2003 a proposal is required to be made by the registering authority for initiating process under Section 30(2) of the Act of 2001, but if no such proposal has been made, then that will not vitiate the proceedings as the substantive

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