LAXMI NARAIN SWAMI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE nine writ petitions have been filed under Article 226 of the Constitution of India for quashing the order dated 14.6.1994 passed by the State Government in exercise of the powers conferred under section 139 of the Rajasthan Cooperative Societies Act, 1965 (hereinafter to be referred to as "the Act") curtailing the period of exemption under section 36(1-B) of the Act from the period of one year to 15.6.1994 or till new election,whichever is earlier, and the order dated 15.6.1994 passed by the Registrar, Cooperative Societies Rajasthan, Jaipur under Section 36(1-B) of the Act appointing District Magistrate as Administrator for a period of one year or till the new elections of the Board of Directors of Zila Dugdh Utpadak Sahkari Sangh Ltd. of various districts. In all the above 9 petitions, order dated 14.6.1994 passed by the State Government and the order dated 15.6.1994 passed by the Registrar, Cooperative Societies Rajasthan, Jaipur have been challenged and the date of the orders in all the writ petitions is same.

(2.) SINCE the question involved in the above noted writ petitions is similar, they have been heard togather for the purpose of admission with the consent of the learned counsel for the petitioner, learned Advocate General Rajasthan, appearing for the State and the learned counsel for other respondents. For the purpose of deciding the controversy involved in these petitions, in my opinion it is not necessary to narrate the facts of all the cases as they are almost identical, but for knowing the nature of controversy, the facts as unfolded in S.B.Civil Writ Petition No.3674/94 are being enumerated.

(3.) RULE 110 of the RULEs runs as under: "RULE 110- Power to exempt from rules: The Government may by general or special order, exempt any society or any class of societies from any of the provisions of the rules or may direct that such provisions shall apply to such society or class of societies with such modifications and on conditions as may be specified in the order."