Point of Law: Section 15 of Rajasthan General Clauses Act is merely a power to State to revise its own orders.

ORDER :

1. On 13.02.2023, the arguments were heard on the stay applications.

2. The prayer made in the stay applications read as under:

It is, therefore, most humbly and respectfully prayed that during the pendency of the writ petition, effect and operation of the order dated 28.04.2014 (Ann.2) may kindly be directed stayed and the respondents may kindly be directed to permit the petitioners for casting the votes and contesting the election of the Taranagar Kray Vikray Sahkari Samiti Limited and Rajgarh Kray Vikray Sahkari Samiti Ltd., Rajgarh and in alternate the election of the said Samitis, may kindly be stayed till final disposal of the writ petitions.

Thus, both the stay applications have been preferred against the order dated 28.04.2014 (Annexure-2) passed by the Registrar, Cooperative Society, Sahkar Bhawan, Jaipur.

2.1 For the purpose of the deciding the stay applications, the facts are being taken from S.B. Civil Writ Petition No.2473/2003, while treating the same as a lead case.

3. Briefly put, the facts of the case, as placed before this Court by learned counsel for the petitioners, are that the Registrar, Cooperative Societies issued a notification dated 09.04.2014 while amending the Bye-laws No.10 of the Sahkari Samiti in question. As per the said Bye-laws, 6 members shall be elected amongst the Chairman of Sahkari Samiti, 1 member from the primary wholesale consumer bhandar and 5 members from amongst the delegates from the personal agriculturist members of the Sahkari Samiti.

3.1. The petitioner further averred in the petition that the respondent no. 3 has framed the Bye-laws, amended time to time. However, since the Bye-laws were amended in the year 2013, therefore, the Deputy Registrar (Rules) of Rajasthan Cooperative Societies, Jaipur has sent a communication to the Dy./Asstt. Registrars of the Cooperative Societies for the election of the Samiti in question.

3.2. Thereafter the respondent no. 2 vide the impugned order dated 28.04.2014, whereby two conditions were imposed for the membership of the Sahkari Samiti; the first condition imposed on the personal members is that unless they has done the business of Rs.5,000/-, in the last financial year, with the Samiti, they would not be able to exercise their related rights; secondly, unless the members of the co-operative society has done the business of Rs.50,000/-, in the last financial year, with the Samiti, they would not be able to exercise their related rights. Aggrieved whereby, the petitions have sought the interim directions, as mentioned in the stay applications.

4. Learned counsel for the petitioners submitted that the action of respondents vide impugned order in debarring the petitioners from the election of the Samitis in question, is a clear violation of their fundamental rights.

5. Learned counsel for the petitioners further submitted that the petitioners fulfill the previous conditions of business with the Kray Vikray Sahkari Samiti mentioned in Bye-laws No.10, and therefore the impugned action of the respondents is unsustainable in the eye of law.

6. Mr. Rajesh Joshi, learned Senior Counsel assisted by Ms.Kamini Joshi; Mr. Saransh Vij for Mr.Sudheer Tak, AAG; representing the respondents submitted that the State Government has power to revise its notification and amend the Bye-laws, including the Bye-laws in question, and the Cooperative Societies and the like Samitis, have to follow them, in its true letter and spirit. In support of such submissions, reliance has been placed upon the judgment rendered by a Division Bench of this Hon’ble Court in the case of Jai Singh Vs State of Rajasthan and Ors. (D.B. Civil Writ Petition No. 17993 of 2019) decided on 13.12.2019.

Relevant portion of the said judgment, as relied upon, reads as under:

“59. The issues pertaining to the factual matrix of the guidelines and the representations /recommendations/consideration made by the Sub Committee are of factual matrix, and by virtue of Article 243-O of the Constitution read