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2008 DIGILAW 900 (RAJ)

Chetan Meghwal v. State of Rajasthan

2008-03-28

GOPAL KRISHAN VYAS

body2008
JUDGMENT 1. - This case is squarely covered by a decision of this Court rendered in Krishna Ram Vishnoi v. State of Raj. & Ors., S.B.Civil Stay petition No.3548/07 in SBCWP No.5005/2007 decided on 26/10/2007 . 2. In this petition, the petitioner has sought direction against the respondent to initiate the process for election of Executive Committees of Kriya Vikriya Shahkari Samities, Central Societies i.e. Churu Central Cooperative Bank Ltd., Churu and Apex Societies i.e. Apex Banks. 3. It is contended by the learned counsel that the last election of the Churu Central Cooperative Bank was conducted in January, 1992, however, before completion of tenure, elected Board was dissolved by the State Government and an Administrator was appointed. The learned counsel contended that as per the provisions of the Rajasthan Cooperative Societies Act, 1965, the Administrator could not have been continued for a period more than 12 years, after expiry of the tenure of elected board, the process for fresh election has not been initiated on account of deleterious action on the part of the State Government. 4. The learned Additional Advocate General submits that the election process could not be initiated for the reason that some amendment in the bye laws of the societies are under consideration. 5. The cooperatives are autonomous, self help organisation democratically controlled by their members who actively participate in setting their policies and making decision. In primary cooperatives, members have equal voting rights and cooperatives at other levels are also organised in a democratic manner. It goes without saying that all cooperative institutions in the State should be controlled by the elected bodies constituted in accordance with the provisions of Rajasthan Cooperative Societies Act, 2001 (in short "the Act of 2001" hereinafter), the rules made thereunder and the bye laws of the respective societies. In the garb of proposed amendment in the bye laws, the State Government cannot be permitted to defer the elections of democratic institutions for an indefinite period. It is to be noticed that so as to strengthen the democratic functioning in the cooperative institutions, various provisions have been incorporated in the Act of 2001. In the garb of proposed amendment in the bye laws, the State Government cannot be permitted to defer the elections of democratic institutions for an indefinite period. It is to be noticed that so as to strengthen the democratic functioning in the cooperative institutions, various provisions have been incorporated in the Act of 2001. As per provisions of Section 32 of the Act of 2001, the State Cooperative Election Authority, an independent agency constituted by the State Government, is responsible for conducting the election of the Cooperative Societies in the State in accordance with provisions of the Act of 2001, the rules and the bye laws of the society. It is stated that the State Government has already constituted the State Cooperative Election Authority. 6. As per the provisions of Section 34 of the Act of 2001, the Chief Executive Officer of every Cooperative Society specified in sub-section (1) of Section 33 is required to send the written request in such manner as may be prescribed to the State Cooperative Election Authority to conduct elections of the Committees. The manner in which the written request is to be sent has been provided by sub-rule (3) of Rule 45 of the Rajasthan Cooperative Societies Rules, 2003 (in short "the Rules of 2003" hereinafter). 7. In view of the discussion above, the Chief Executive Officers of the Societies concerned are directed to send the written request to the State Cooperative Election Authority in terms of Section 34 of the Act of 2001 read with Rule 45(3) of the Rules of 2003 latest by 31/5/2008. The State Cooperative Election Authority is hereby directed to initiate the process of conducting the election of the primary societies and the Central Society i.e Churu Central Cooperative Bank Ltd, Churu immediately after the receipt of the written request as aforesaid. The entire election process shall be completed within a period of three months from the date of receipt of this order. The Registry is directed to send a copy of this order to the State Cooperative Election Authority forthwith. 8. The writ petition stands disposed of accordingly.Writ petition disposed of. *******