GEETA PATEL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The Additional Registrar, Cooperative Societies, Udaipur Division, Udaipur, by an order dated 6.8.2012, while exercising powers under Section 30(2) of the Rajasthan Cooperative Societies Act, 2001 (hereinafter referred to as "the Act of 2001"), removed the petitioner from the office of the President and Membership of the Management Committee of Kachchher Dugdh Utpadak Sahkari Samiti Ltd. To challenge the order aforesaid, the petitioner preferred a petition for writ and that came to be rejected under the order dated 22.8.2012, hence, this special appeal is preferred.

(2.) Learned Single Bench negatived contention of the petitioner that under the scheme of the Act of 2001 the power to remove a person from membership of the cooperative societies, its executive or any office vests with Joint Registrar, thus, the order impugned is without jurisdiction being passed by the Additional Registrar. The other argument of the petitioner that as per Rule 36 of the Rajasthan Cooperative Societies Rules, 2003 (hereinafter referred to as "the Rules of 2003"), there should be a proposal by the registering authority for initiating proceedings under Section 30(2) of the Act of 2001, but in the instant matter no such proposal was made.

(3.) In appeal, learned counsel for the appellant while reiterating the grounds referred above also submitted that the order impugned is bad being passed without affording reasonable opportunity to the petitioner to state his objections.