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VIJAY BISHNOI
Naresh Dhakad – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
1. 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.
2. 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').
3. 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 members of the Cooperative Societies, loanee and non-loanee, were entitled to elect 11 members from the loanee category and one member from
The main legal point established in the judgment is the interpretation and application of the provisions of the Rajasthan Co-operative Societies Act, 2001, in relation to the amendment of Bye-laws an....
Subordinate legislation cannot supersede parent legislation, and there are limitations on the rule-making power of Cooperative Societies.
The main legal point established in the judgment is that the amendment of Bye-Laws and the conduct of elections must adhere to the statutory provisions, and failure to do so can result in the vitiati....
Members of a cooperative society must be given an opportunity to voice objections to proposed amendments to bye-laws, ensuring procedural fairness in governance.
The bye-laws governing elections within co-operative societies are valid and enforceable, as they regulate participation without infringing on voting rights, thereby promoting effective governance wh....
Amendments to a cooperative society's bye-laws must be approved by the Registrar for validity in conducting elections.
Section 15 of Rajasthan General Clauses Act is merely a power to State to revise its own orders.
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