RAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN these petitions the constitutional validity of Section 3 of Rajasthan Co-operative Societies (Amendment) Ordinance, 2004 has been challenged. As per Section 3 of the Ordinance, sub-section (2-B) has been inserted in existing Section 30 of the Co-operative Societies Act, 2001. The impugned provision provides for contingency where before expiry of the term of the elected managing committee of any society, a new committee is not constituted. IN such event, it enables the Govt. to direct the Registrar of Co-operative Societies to appoint a Government Servant as Administrator to manage the affairs of the society till a new committee is constituted provided that no member of the committee replaced by an administrator under this sub-section shall be deemed disqualified under sub-sec. (5) of Section 28.

(2.) UNDER the parent Act before amendment also an Administrator could be appointed to take over the management of a society by removing the existing committee under Section 30 (1), but in that event the members of a committee removed under Section 30 become disqualified to be a member of a committee, as per Section 28 (5) of the Act. The Act also made provision for amalgamation of two or more co-operative societies under Section 13.

(3.) HENCE on commencement of New Act, life of the existing committee could not extend beyond five years of its existence. Since in respect of all the Co-operative Societies in question, period of five years had already expired since their constitution after the commencement of the Act, the term of existing committees had been extended but has not been extended after 2003. No election process had been initiated either under the provisions of the Act of 2001 so far by the general body or elected managing committee.