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2016 DIGILAW 146 (RAJ)

Rakesh Tholiya v. State of Rajasthan

2016-01-22

SANGEET LODHA

body2016
ORDER : Sangeet Lodha, J. The controversy raised in these two petitions being interlinked, the same were heard together and are being disposed of by this common order. 2. By way of writ petition No. 8080/15, the petitioner-Rakesh Tholiya has questioned legality of order dated 27.7.15, whereby in terms of bye-law No. 15(3) of the Primary Land Development Banks (PLDBs), while superseding the earlier order dated 13.5.14 as amended vide order dated 11.7.14, the Registrar, Cooperative Societies, Rajasthan, has laid down the norms for exercise of the rights by the members of PLDBs. On the other hand, by way of writ petition No. 8424/15, the petitioner-Gurveer Singh has questioned legality of order dated 11.7.14 issued by the Registrar, Cooperative Societies, which stands superseded vide order dated 27.7.15 as aforesaid. 3. The relevant facts are that vide communication dated 16.6.10, the Registrar, Cooperative Societies, Rajasthan, proposed to amend the bye-law No. 15 of the Bye-laws of all the Primary Cooperative Land Development Bank Limited functioning in the State of Rajasthan. The existing and proposed amended bye-law no.15, read as under: mifu;e la[;k orZeku izko/kku mifu;e la[;k 15 lnL; dk vf/kdkj izR;sd lnL; dks cSad ds dk;Zdykiksa esa ,d er nsus dk vf/kdkj gksxk] ijUrq uksfeuy o ,lksfl,V~l lnL; dks er nsus dk vf/kdkj ugha gksxkA izR;sd lnL; dks Lo;a mifLFkr gksdj gh vius erkf/kdkj dk iz;ksx djuk gksxk ijUrq dksbZ Hkh lnL; tks pSd ds _.k ls fMQkYVj gS vkSj ftlds fo:) vf/kfu;e dh /kkjk 99 ds vUrxZr olwyh ds vkns'k ikfjr gks pqds gSA mldks er nsus dk vf/kdkj ugha gksxkA 15 4. Accordingly, the Bye-laws of various PLDBs were amended on the consent being communicated by the PLDBs concerned and the amendment was registered by the Registrar. In view of the provisions of amended Bye-laws 15(3), the Registrar issued an order dated 13.5.14, laying down the norms for exercise of rights of membership by the members of the PLDBs, in the following terms: ^^v& lnL; cSad dk fu;fer _.kh lnL; gksA vk& lnL; vof/kikj _.k dk nks"kh ugha gksA b& lnL; dh rjQ cSad dk _.k cdk;k gksA bZ& lnL; us cSad ls de ls de :0 50]000@& dk _.k fy;k gksA^^ 5. Vide order dated 11.7.14, an amendment was introduced in the norms laid down as aforesaid, which reads as under: ^^mDr ekunaM pkyw foRrh; o"kZ esa ;fn pquko gksrk gS rks pquko ls 30 fnu iwoZ iw.kZ gksus ij rFkk vkxkeh o"kkZ gsrq xr foRrh; o"kZ dh izFke rkjh[k dks iw.kZ gksus ij gh mDr foRrh; o"kZ ds fy, ik=rk vftZr ekuh tkosxhA^^ 6. On 19.6.15, the Rajasthan State Cooperative Election Authority issued an order notifying the programme for conducting the elections of the members and office bearers of the Board of Directors of Raisinghnagar Primary Cooperative Land Development Bank Limited. Thereafter, vide order dated 23.7.15, the Election Officer was appointed for conducting the elections as per the programme notified vide order dated 19.6.15. In the meantime, vide order dated 23.7.15 while superseding the earlier order dated 13.5.14 and 11.7.14 referred supra, the Registrar laid down the norms for exercise of the rights of membership by the members of the PLDBs, which read as under: ^1- lnL; }kjk ftl foRrh; o"kZ esa lnL;rk laca/kh vf/kdkjksa dk iz;ksx fd;k tkuk gSa] ml foRrh; o"kZ dh izFke rkjh[k dks lnL; vof/kikj _.k dk nks"kh ugha gksA 2- lnL; dHkh Hkh cSad dk _.kh jgk gksA^ 7. The petitioner-Rakesh Tholiya has questioned the legality of order dated 27.7.15 issued by the Registrar, Cooperative Societies, Rajasthan, laying down the norms for exercise of the rights of membership by the members of PLDBs on the ground that the Registrar has no jurisdiction to amend the norms laid down when the election programme has already been notified. It is submitted that once the election process is started, the order issued by the Registrar affecting the eligibility of the members to exercise their franchise and contest the election, is highly arbitrary and unjust and therefore, deserves to be quashed. 8. The petitioner-Gurveer Singh has questioned the legality of the order dated 11.7.14 issued by the Registrar, Cooperative Societies inter alia on the ground that vide order dated 13.5.14, the conditions for exercise of right to membership laid down were to be fulfilled on the first date of financial year, however, vide order dated 11.7.14, for the elections to be held in the same financial year, the date for fulfilment of the condition has been fixed as, a period of 30 days prior to the election. According to the petitioner, the fixing of the date as aforesaid affecting the rights of the members to exercise their franchise, is arbitrary. 9. In the writ petition No. 8080/15, a coordinate Bench of this court while issuing notices to the respondents, passed an interim order in the following terms: "In the meanwhile and until further orders, the effect and operation of the order dated 27.07.2015(Annex.-4) issued by the Registrar shall remain stayed and the elections to the Bank as per the programme published on 19.06.2015 shall be held in accordance with the eligibility conditions as prescribed by order dated 13.05.2014 and 11.07.2014 issued by the Registrar, which have purportedly been superseded by order dated 27.07.2015 (Annex.-4)." 10. At the same time, in the writ petition no.8424/15, on 7.8.15, an interim order was passed in the following terms: "In the meanwhile and till the next date, operation of the order dated 11.7.2014 (Annex.-3) shall remain stayed and all the eligibility conditions as indicated in the order dated 13.5.2014 shall operate." 11. In reply to the writ petition filed, the State has taken the stand that vide order dated 19.6.15, the programme for election of the Raisinghnagar Primary Land Development Bank Limited was notified but the notice inviting the members to elect the members and office bearers of Board of Directors of Raisinghnagar Land Development Bank Limited, Raisinghnagar was issued on 1.8.15, a copy whereof has been placed on record as Annexure R/1. Accordingly, it is submitted that the stand sought to be taken by the petitioner that the norms laid down for exercise of the rights of membership by the members has been amended after the commencement of the election process, is absolutely incorrect. 12. In the reply filed in writ petition No. 8424/15, the respondents have taken the stand that the order dated 11.7.14, stands superseded vide order dated 27.7.15. That apart, it is stated that in view of the interim order passed by this court, the final voter list could not be published and the elections have been postponed. 13. Now, an additional affidavit has been filed on behalf of the State, taking the stand that the Raisinghnagar Cooperative Land Development Bank Limited has not got the amendment in the Bye-law 15 of the Bye-laws registered as proposed vide order dated 16.6.10 and therefore, the unamended Bye-law 15 remains operative. 14. 13. Now, an additional affidavit has been filed on behalf of the State, taking the stand that the Raisinghnagar Cooperative Land Development Bank Limited has not got the amendment in the Bye-law 15 of the Bye-laws registered as proposed vide order dated 16.6.10 and therefore, the unamended Bye-law 15 remains operative. 14. Learned Additional Advocate General submitted that the Bye-law 15 of the Bye-laws of Raisinghnagar Cooperative Land Development Bank Limited having not been amended and registered, as proposed by the Registrar, vide order dated 16.6.10, the general orders issued by the Registrar dated 13.5.14, 11.7.14 and 27.7.15 shall not operate in respect of the exercise of rights of membership by the members of Raisinghnagar Cooperative Land Development Bank Limited and thus, the election of the Board of Directors of the said bank have to be conducted as per the unamended bye-laws unless the same are amended in accordance with the procedure laid down. 15. This, legal and factual position brought on record by the respondents is not disputed by the counsel appearing for the petitioners and therefore, the respective challenge of the petitioners does not survive for consideration of this court. 16. At this stage, learned counsel appearing for the parties submitted that the respondents may be directed to conduct the elections of the Board of Directors of Raisinghnagar Cooperative Land Development Bank Limited in time frame as per the existing Bye-laws. 17. Learned AAG submitted that the respondents have no objection in conducting the elections in time frame as may be fixed by this court but then, the right of the Registrar to propose the amendment in the Bye-laws of the Raisinghnagar Cooperative Land Development Bank Limited in parity with other PLDBs of the State cannot be curtailed. 18. Having considered the rival submissions, this court considers it appropriate to dispose of these petitions with the directions to the respondents to conduct the elections of the Board of Directors of Raisinghnagar Cooperative Land Development Bank Limited within a period of three months from the date of receipt of certified copy of this order. Ordered accordingly. 19. 18. Having considered the rival submissions, this court considers it appropriate to dispose of these petitions with the directions to the respondents to conduct the elections of the Board of Directors of Raisinghnagar Cooperative Land Development Bank Limited within a period of three months from the date of receipt of certified copy of this order. Ordered accordingly. 19. It is made clear that on account of the order being passed by this court as aforesaid for conducting the elections within the time frame, the Registrar, Cooperative Societies, Rajasthan, shall not stand precluded from taking the process for amendment of the Bye-laws in accordance with law even prior to conducting the elections. No order as to costs.