Order

26/03/2025

1. The present writ petition has been filed under Article 226 &

227 of the Constitution of India with following prayers:-

“(a)- by an appropriate writ, order or direction, this writ petition may kindly be allowed with costs and the order cum Notice of meeting dated 01.02.2023 (Annexure-5) for convening the meeting of the members of the Gram Panchayat, Morli for constitution of new Samiti in the name and style of Morali Gram Sewa Sahkari Samiti Limited be declared illegal and the same be quashed and set aside.

(b)- by an appropriate writ, order or direction, the respondents may be restrained from dividing the petitioner society or its area of operation under the provision of Co-Operative Society Act, 2001 and Rules of 2003.

(c)- Further it is prayed that if any order is passed during the pending of the writ petition with regard to constitution or registration of any new Co-Operative Society dividing the petitioner society, may also be declared illegal and be quashed and set aside.

(d)- Any other appropriate order or direction, which this Hon’ble Court deem just and proper be passed in favour of the petitioners.

(e) Costs of this writ petition may kindly be allowed to the petitioners.”

2. It has been asserted in the writ petition that the petitioner is a primary Agriculture Credit co-operative society registered under Section 6 of the Rajasthan Cooperative Societies Act, 2001. A communication was made on 01.11.2022 (Annexure-3) between the Deputy Registrar, Sahkari Samiti, Sirohi and Managing Director, The Sirohi Central Cooperative Bank Limited, Sirohi wherein certain details were asked to be sent in order to assess the constitution of the proposed societies.

3. Learned counsel for the petitioner submits that the respondents have not adhered to Section 13 of the Rajasthan Cooperative Societies Act, 2001 (hereinafter The Act of 2001) and Rule 13 of The Rajasthan Cooperative Societies Rules, 2003 (hereinafter The Rules of 2003) wherein while passing the communication dated 01.02.2023, as no opportunity of hearing whatsoever was given to the proposed Sahkari Samities who are likely to be constituted in pursuance of communication dated

15.11.2022.

4. Learned counsel fort the respondent submits that by way of communication dated 15.11.2022 they called upon the details of the members of the societies in order to see whether the constitution of the proposed committees is feasable would be done in accordance with Section 13 of the Act of 2001 and Rule 13 of The Rules of 2003 made thereunder. He further submits that the writ petition is pre-mature as no final order has been passed by the respondents and they are at a stage of collecting the details of the members of the respective cooperative societies.

4. Learned counsel for the petitioner makes a limited prayer that in pursuance of the proposal made by the respondents in order to constitute the societies the respondents be directed to adhere to the Section 13 of the Act of 2001 and Rule 13 of The Rules of 2003.

5. Learned counsel for the respondent does not dispute the same.

6. This Court, deems it appropriate to direct the respondents to constitute the societies, if any, strictly in accordance with Section

13 of the Act of 2001 and Rule 13 of The Rules of 2003.

7. With the aforesaid direction, the writ petition is disposed of.

8. Stay petition and all pending applications, if any, also stand disposed of.

(DR. NUPUR BHATI),J

151-amit/-