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HIGH COURT OF JUDICATURE FOR RAJASTHAN

JODHPUR

S.B. Civil Writ Petition No. 2473/2023

Lunas Gram Seva Sahkari Samiti Ltd. & Ors.

----Petitioners

Versus

State Of Rajasthan & Ors.

----Respondents

Connected With

S.B. Civil Writ Petition No. 2733/2023

Jaswantpura Gram Seva Sahkari Samiti & Ors.

----Petitioners

Versus

State Of Rajasthan & Ors.

----Respondents

For Petitioner(s)

:

Mr. RS Choudhary.

For Respondent(s)

:

Mr. Rajesh Joshi, Sr. Adv. assisted by

Ms. Kamini Joshi.

Mr. Saransh Vij for Mr. Sudheer Tak,

AAG.

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

Reserved on 13/02/2023

Pronounced on 14/02/2023

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

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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

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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