BANNARAM MEENA Vs. REGISTRAR, COOPERATIVE SOCIETY, RAJASTHAN

JUDGEMENT

(1.) The instant writ petition has been filed challenging the order dated 24.09.2019 passed by the Cooperative Society Tribunal, Jaipur whereby the stay application filed by the petitioner for passing interim direction, has been rejected.

(2.) Counsel for the petitioner submitted that the petitioner had challenged the order dated 28.08.2019 passed under Section 30 of the Rajasthan Cooperative Societies Act, 2001 (for short "the Act of 2001") by the Registrar, Cooperative Societies, Jaipur by way of filing appeal along with the stay application under Sections 105(10)(a) of the Act of 2001 Counsel submitted that the order dated 28.08.2019 was prima facie ilegal and an arbitrary order. Counsel submitted that the impugned order dated 28.08.2019 was also passed without holding any enquiry against the petitioner.

(3.) Counsel submitted that while considering the stay application filed by the petitioner along with his appeal, the Presiding Officer has rejected the stay application without assigning any reason. Counsel submitted that power vested in the Appellate Authority has not been exercised in proper manner and the Tribunal could not have declined to pass the interim order in favour of the petitioner.