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Bhura Lal Daroga v/s State of Rajasthan & Others

    Civil Writ Petition No. 8717 of 2011

    Decided On, 16 September 2011

    At, High Court of Rajasthan

    By, THE HONOURABLE MR. JUSTICE GOPAL KRISHAN VYAS

    For the Petitioner: Kuldeep Mathur, Advocate. For the Respondents: Ashvini Gehlot, Dy. Govt. Counsel.



Judgment Text

Gopal Krishan Vyas, J.

1. In this writ petition, the petitioner has prayed for quashing order dated 06.07.2011 (Annex.-3) passed by the Deputy Registrar, Co-operative Societies, Bhilwara.

2. In the writ petition, it is stated by the petitioner that presently the petitioner is working as Vyawasthapak in Gram Seva Sahakari Samiti Ltd., Mal ka Khera (District Bhilwara), upon which, he was appointed on 30.01.1991. The governing body of the respondent co-operative society, in its meeting held on 02.05.2011, resolved that the Vyavasthapak working i

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n the society will be given salary in the pay-scale (running Pay Band) of Rs. 5200 , 20200 with grade-pay of Rs. 1900/- and fixation upon grade-pay Rs. 1900/- instead of Rs. 3050 , 4090. The Deputy Registrar, Co-operative Societies, Bhilwara while exercising power under Section 125(1) of the Co-operative Societies Act passed impugned order dated 06.07.2011,2 whereby, the aforesaid resolution taken by the governing body of the society dated 02.05.2011 was stayed.

3. Main contention of learned counsel for the petitioner is that in view of the newly added proviso to Section 125, there is no power left with the Registrar to interfere in the internal administrative matters of the co-operative society. Learned counsel for the petitioner submits that a new clause 30-B was inserted by way of amendment whereby the co-operative societies were given full autonomy in all financial and internal administrative matters, therefore, the decision of granting higher pay-scale is not an illegal or erroneous decision, in which, any power left with the Registrar under Section 125 of the Act can be exercised because again a proviso was added to Section 125 whereby the restriction was imposed by the Legislature vide notification dated 16.10.2009 not to interfere in the internal administrative matters of the co-operative societies.

4. At the threshold, learned counsel appearing on behalf of the Co-operative Societies department Mr. Ashvini Gehlot submits that in view of the fact that as per Section 125(3) of the Co-operative Societies Act the Tribunal has been given the jurisdiction to adjudicate upon the decision taken by the Registrar and its order is final, therefore, the3 petitioner is required to agitate his matter before the Tribunal because the Deputy Registrar, Co-operative Societies, Bhilwara has passed the impugned order while exercising power under Section 125 of the Co-operative Societies Act and referred the matter to the Rajasthan State Co-operative Societies Tribunal for adjudication.

5. After hearing learned counsel for the parties, I have perused Section 125 of the Co-operative Societies Act which reads as under:

"125.Power of Registrar to rescind certain resolutions-(1) If in the opinion of the Registrar, any resolution passed at the meeting of any co-operative society or committee thereof is opposed to the objects of the society or is prejudicial to the interests of the society or its members at large, or is in excess of the powers of the society, the Registrar, may staying execution of the resolution interimly, propose to rescind the resolution:

Provided that the Government or the Registrar shall not do anything or take action or issue any order or directive which has effect of curtailing any of the freedom or powers given under this Act to any short term co-operative credit structure society or adversely affect the provisions of this Act.

(2) In case where the Registrar has interimly stayed execution of any resolution under sub-section (1), he shall, within a period of forty five days, send the proposal of rescinding the resolution to the Tribunal for consideration.

(3) The Tribunal shall, after giving the society an opportunity of being heard,4 decide upon the proposal of the Registrar and pass its final orders."

6. Upon perusal of the above provision, it is abundantly clear that in case where the Registrar interimly stayed execution of any resolution under sub-section (1) he is required to send the proposal of rescinding the resolution to the Tribunal for consideration within a period of 45 days and upon perusal of the note No.3 of order dated 06.07.2011 it appears that the Deputy Registrar, Cooperative Societies, Bhilwara after staying the above resolution referred the matter for adjudication by the Tribunal. Therefore, in my opinion, the matter requires adjudication by the said Tribunal where the petitioner can raise all his grounds including the ground of jurisdiction while relying upon newly added Section 30-B and proviso to sub-section (1) of Section 125 by way of amendment dated 16.10.2009.

7. Hence, this writ petition is disposed of with direction to respondent No.3 Deputy Registrar, Co-operative Societies, Bhilwara to refer the impugned order dated 06.07.2011 to the Rajasthan State Co-operative Societies Tribunal, Jaipur for adjudication and the petitioner may appear before the Tribunal and raise all his grounds before the Tribunal and the Tribunal is directed to grant5 opportunity of hearing to the petitioner in accordance with law and consider his arguments. It is expected of the Tribunal that after providing opportunity of hearing to the petitioner as well as the co-operative society the matter will be decided expeditiously, preferably within a period of six months from the date of filing certified copy of this order and till adjudication is made by the Tribunal, if the petitioner is getting salary in pursuance of the resolution dated 02.05.2011, then, it shall not be disturbed till adjudication by the Tribunal.

No order as to costs.

Writ petition disposed of.
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