LEELA RAM Vs. RAJ.STATE COOPERATIVE TRIBUNAL JAIPUR

JUDGEMENT

(1.) THE defects are waived. The counsel for the petitioner has confined his prayer in this petition to the question of maintainability of an appeal before the Rajasthan State Cooperative Tribunal, Jaipur (hereinafter 'the Tribunal') against an order of the Registrar Cooperative Societies disqualifying of an elected member of a Committee of Cooperative Society. With the consent of learned counsel for the parties, the writ petition is heard finally. A challenge in this petition has been made to the order dated 27-2-2013, passed by the Rajasthan State Cooperative Tribunal, Jaipur dismissing the appeal filed by the petitioner against the order dated 23-3-2012 passed by the Assistant Registrar, on the ground that an appeal against such an order was not maintainable before it.

(2.) LEARNED counsel for the petitioner submits that the issue in the writ petition is substantially covered by the judgment of this court in the case of Sujan Singh Vs. Registrar, Cooperative Societies, Rajasthan Jaipur [1989 (1) RLR 29] decided on 1-3-1989. Counsel submits that in the case of Sujan Singh (supra) this court with reference to pari materia appeal provisions under the Rajasthan Cooperative Societies Act, 1965 held that the remedy of appeal before the Rajasthan State Cooperative Tribunal against an order of disqualification of a member of a Committee of a Cooperative Society was maintainable on a purposive construction of the then extant Section 124(1)(g) of the Act of 1965, notwithstanding an obvious legislative drafting error in the relevant provision evident on the provision being literally interpreted. Counsel has submitted that in the case of Sujan Singh (supra) the Hon'ble Division Bench observed that "The Government should make an amendment or correct the mistake which has crept in Sec.124(1)(g) of the Act. Under it a decision under sub-sec. (5) of Sec.34 has been made appealable. No decision is given under sub-sec. (5) and it is only given under sub-sec.(8) by the Registrar. To us it appears to be a drafting mistake but to make the matters clear, the Government is advised to make necessary amendments. " It is further submitted that unfortunately the drafting error in the appeal provisions under the Act of 1965 was perpetuated in the provisions for appeal as provided for under Section 105 of the Rajasthan Cooperative Societies Act, 2001. Counsel submitted that this has however now been noticed by the Government and the Rajasthan State Legislative Assembly has already passed the Rajasthan Cooperative Societies (Amendment) Act, 2013 (Bill No.15 of 2013) where under the amended Section 28 of the Act of 2001, sub section (12) provides that the issue of disqualification of a member of a committee on grounds mentioned elsewhere in Section 28 of the Act of 2001 would be decided in appeal subsequent to the elections by the Registrar. And thereafter the amendment in Section 105 (10)(a) of the Act of 2001 allow for a challenge to an order of disqualification passed by the Registrar Cooperative Societies under Section 28 (12) of the Act of 2001. It is thus submitted that in the context of the judgment of this court in the case of Sujan Singh (supra) and the amendment to the Act of 2001 though awaiting the assent of H.E. the President of India this court should hold an appeal to be maintainable against an order of disqualification of a member of a Committee of a Cooperative Society passed by the Registrar.

(3.) THE upshot of the aforesaid discussion therefore would entail quashing of the impugned order dated 27-2-2013 passed by the Rajasthan State Cooperative Tribunal, Jaipur. The matter is remanded to the Rajasthan State Cooperative Tribunal, Jaipur for adjudication of the appeal filed by the petitioner against the order dated 23-3-2012 passed by the Assistant Registrar, Jaipur on the merits of the case after due notice to the parties opposing the appeal. The writ petition stands disposed off accordingly.