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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MUNNURI LAXMAN
Ganpat Ram S/o Dula Ram – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
MUNNURI LAXMAN, J.
1. The present writ petition has been filed challenging the order dated 18.01.2023, whereby the Deputy Registrar has declared the petitioner ineligible on account of default in payment of dues to the society.
2. The case of the petitioner is that the petitioner obtained a loan from the society and he has paid the loan amount of Rs.28,593/- with interest on 08.09.2022. The society has not declared him as a defaulter and as soon as the dues list was prepared by the society, he paid the dues amount. The present impugned proceedings have been taken up on the basis of a complaint made by one of the contestants in the election. On the basis of such complaint, the Registrar decided the reference of dispute without any evidence and without following the procedure contained under the Rajasthan Cooperative Societies Act, 2001 (hereinafter referred to as ‘the Act of 2001’) and the Rajasthan Cooperative Society Rules, 2003 (hereinafter referred to as ‘the Rules of 2003’).
3. The case of the respondents, including the private respondents, is that the petitioner filed his nomination on 06.09.2022 to contest elections to the post of Member of the Executive Committee of the
Statutory remedies must be exhausted before approaching the High Court in cooperative disputes; relief lies with the Cooperative Tribunal.
The main legal point established in the judgment is the requirement for the Registrar to reflect a finding and application of mind in addressing grievances and to undertake the exercise in accordance....
The Assistant Registrar of Cooperative Societies lacks jurisdiction over election disputes, which must be adjudicated by the Cooperative Election Commission per the relevant regulations.
An appeal against a Deputy Registrar's order to the Registrar is not maintainable under the MP Cooperative Societies Act, 1960.
A person becomes a 'defaulter' by merely having an order against himself, which is referred to in S.63, and whose liability he has not discharged.
The court upheld the authority of the Registrar to act without a fresh enquiry based on existing findings of misconduct, affirming the validity of the impugned order under the Telangana Cooperative S....
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