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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SUNIL BENIWAL
Noparam, S/o. Shri Harji Ram – Appellant
Versus
State Of Rajasthan, Through Its Principal Secretary, Cooperative Department – Respondent
Order :
SUNIL BENIWAL, J.
1. Assailed herein is an order dated 12.08.2024 (Annex.1), passed by the respondent No.2, by which the petitioner has been disqualified for the post of Chairman, Rajiv Nagar Dugdh Uptadak Sahakari Samiti Ltd., Chhatargarh, Bikaner so also of the Uttari Rajasthan Sahakari Dugdh Utpadak Sangh Ltd. and from being member of the Board of Directors of the Uttari Rajasthan Sahakari Dugdh Utpadak Sangh Ltd., Bikaner.
2. The facts, in brief, leading to the filing of the present writ petition are that the petitioner was elected as the Chairman of Rajiv Nagar Dugdh Utpadak Sahakari Samiti Ltd., Chhatargarh, Bikaner, as well as the Chairman of Uttari Rajasthan Sahakari Dugdh Utpadak Sangh Ltd., Bikaner.
2.1 A complaint was filed by respondent No.6 under Section 28 (13) of the Rajasthan Cooperative Societies Act, 2001 (for short, “the Act of 2001”), alleging, inter alia, that the petitioner was not qualified to be elected as a member of the Samiti and, consequently, as its Chairman, as he had more than two children after the cut-off date prescribed under Section 28 (10) of the Act of 2001.
2.2 The aforesaid complaint was adjudicated by the Administrator-cum-Managing Dire
Complaints regarding pre-election disqualification must be reviewed under Section 58 of the Act, not Section 28(13).
A State Election Commission must address the maintainability of complaints regarding disqualifications as a preliminary issue before delving into merits, to ensure valid exercise of jurisdiction.
Section 84 which falls under Chapter IX “Settlement of Disputes” of the Act, 2002 refers to reference of the disputes by the Central Registrar, Cooperative Societies with regard to the disputes touch....
Disqualification under the Maharashtra Cooperative Societies Act requires clear evidence of holding dual designated officer positions, failing which challenges under subsequent provisions may lead to....
If in opinion of Registrar, any officer makes persistent default or is negligent in performance of duties imposed on him by this Act or rules or byelaws or does anything which is prejudicial to inter....
When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before invoking the ....
Disqualification of a Panchayati Raj member requires adherence to prescribed inquiry procedures; failing which, actions are illegal and contravene principles of natural justice.
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