- (1.) HEARD learned counsel for the parties.
(2.) PETITIONER has preferred this writ petition with a prayer to issue an appropriate writ, order or direction quashing the impugned order dated 04/12.11.2009 passed by the Cooperative Minister, Government of Rajasthan, Jaipur, rejecting his revision petition under Section 107 of the Rajasthan Cooperative Society Act, 2001 (for short 'the Act'), holding that writ petitioner had no locus standi to file the revision petition. Submission of the learned counsel for petitioner is that petitioner was the member of Executive Committee of the Society, therefore, he was aggrieved person to challenge the order passed by the Joint Registrar, Cooperative Societies, Jaipur. He further submitted that powers of revision under Section 107 of the Act could have been exercised, on their own motion, by the Revisional Authority. In these circumstances, the revision petition filed by petitioner could not have been dismissed on the ground that petitioner was not the aggrieved person. He, therefore, submitted that impugned order passed by the Hon'ble Minister may be set aside and revision petition may be directed to be heard on merits. Learned counsel for respondent Nos.4 and 5 submitted that orders passed by the Manager of the Society as well as Assistant Registrar of the Cooperative Societies, declaring respondent Nos.4 and 5 as disqualified, were passed in violation of principle of natural justice and without any resolution of concerned Gram Seva Sahakari Samiti, Badet, Tehsil and District Jhunjhunu, therefore, their orders of disqualification were rightly set aside. So far as dismissal of the revision petition by the Hon'ble Cooperative Minister on the ground that petitioner has no locus standi is concerned, the learned counsel for respondent Nos.4 and 5 admitted that petitioner was the member of Executive Committee of Gram Seva Sahakari Samiti, Badet, therefore, petitioner had locus standi to file revision petition under Section 107 of the Act. He further submitted that since the orders of disqualification of respondent Nos.4 and 5 were non-est as the same were passed in violation of principle of natural justice, therefore, this Court should not interfere with the impugned order while exercising powers in writ jurisdiction and the writ petition may be dismissed. I have considered the submissions of learned counsel for the parties and examined the impugned order and other documents enclosed with the writ petition. From the order dated 04/12.11.2009, it appears that petitioner filed revision petition under Section 107 of the Rajasthan Cooperative Society Act, 2001 against the order dated 01.07.2008 passed by the Joint Registrar, Cooperative Societies, Jaipur. From the documents enclosed and the submissions of the parties, it appears that respondent Nos.4 and 5 were disqualified on the ground that they failed to pay their dues of the Society within time. The Chairman or any member of society can be declared as disqualified on the ground of non-payment of his dues for a particular period but before doing so, a procedure is required to be followed as prescribed in Bye-laws of the society or in the statutory rules.
(3.) BE that as it may, I am not examining the merits of the case as a limited argument has been advanced on behalf of petitioner that his revision petition has wrongly been rejected, vide impugned order, holding that petitioner has no locus standi, therefore, impugned order be set aside and case be remanded back to revisional authority to decide the revision petition on merits. Since there is no dispute between the parties that petitioner was the member of Executive Committee of Gram Seva Sahakari Samiti, Badet, therefore, I am of the view that revision petition of petitioner could not have been dismissed on the ground that petitioner was not the aggrieved person, in the facts and circumstances of the present case. In these circumstances, I am of the view that impugned order is liable to be quashed and set aside and the same is hereby quashed and set aside. Consequently, the writ petition is allowed. Impugned order dated 04/12.11.2009 (Annexure-2) is quashed and the matter is remanded back to the Hon'ble Minister, Cooperative Societies, Rajasthan, Jaipur or any equivalent authority, who is empowered to hear the revision petition, to hear and decide the revision petition of petitioner on merits. It will be open for the petitioner to apply for stay in the revision petition, in the facts and circumstances of the present case. It is needless to mention that revisional authority will decide the revision petition independently without being influenced by any observation made herein above. ;