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SANDEEP MEHTA, VINOD KUMAR BHARWANI
State Of Rajasthan – Appellant
Versus
Roop Nagar Dugdh Utpadak Sahakari Samiti Ltd. – Respondent
JUDGMENT
Sandeep Mehta, J. - The instant writ appeal has been preferred by the appellant Cooperative Department, State of Rajasthan for assailing the judgment/ final order dated 24.07.2015 passed by the learned Single Bench of this Court in a bunch of writ petitions led by S.B.
Civil Writ Petition No.7465/2010 (Hari Ram Bishnoi v. State of Rajasthan & Ors.), whereby the learned Single Judge, accepted the writ petitions and struck down the contentious bye laws framed by the various District Milk Unions pertaining to elections of the Board of Directors of the District Milk Unions.
2. Shri Sudheer Tak, learned AAG assisted by Shri Saransh Vij, Advocate, representing the appellant State of Rajasthan, urged that the impugned judgment rendered by the learned Single Bench, is absolutely illegal and without jurisdiction. He urged that the learned Single Bench relied upon Section 28 of the Rajasthan Cooperative Societies Act, 2001 (hereinafter referred to as 'the Act of 2001'), to hold that the questioned bye laws were beyond the jurisdiction of the rule making power of the District Milk Unions.
He urged that Section 28 is meant for the members of the primary societies and not for the Cooperati
Subordinate legislation cannot supersede parent legislation, and there are limitations on the rule-making power of Cooperative Societies.
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....
The main legal point established in the judgment is that a Cooperative Society is precluded from making stipulations through Bye-law in respect of subjects which are to be exclusively dealt with by t....
The main legal point established in the judgment is the violation of the petitioner's fundamental right to participate in the election process due to the inconsistency between Bye-law 24(viii) and Se....
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....
Sub-rules (4) and (4A) would specifically make it clear that what was being sought to be explained by explanation was with regard to right to be included in a voters list and therefore, eligibility t....
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....
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