- (1.) BY this writ petition, a challenge has been made to the order at Annexure-10 dated 23.1.2012 whereby resolution passed by the respondent Cooperative Societies has been stayed and the matter has been referred to the Tribunal as per the provisions of Section 125 of the Rajasthan Cooperative Societies Act, 2001 (henceforth referred to as 'the Act of 2001', for short).
(2.) LEARNED counsel for petitioner has raised three issues for my consideration. The first issue is regarding competence of the Assistant Registrar to pass the order by invoking provisions of Section 125 of the Act of 2001. It is submitted that such power can be exercised only by the Registrar and not by the Assistant Registrar. The second issue is in reference to Section 125(2) of the Act of 2001 where after stay of the resolution, matter has to be referred to the Tribunal for consideration. According to learned counsel for petitioner, matter has not been referred to the Tribunal, but to the Registrar as is coming out from the note appended to the impugned order at Annexure-10. It is lastly urged that there was no reason to pass the order at Annexure-11 dated 3.4.2012 when the matter is yet to be decided by the Tribunal in view of the reference made by the Assistant Registrar. Accordingly, the impugned order may be set aside. I have considered the submission made by learned counsel for petitioner and perused the record carefully. The impugned order has been passed by invoking the provisions of Section 125 of the Act of 2001, thus for ready reference, Section 125 of the Act of 2001 is quoted hereunder:- "125. Power of Registrar to rescind certain resolutions (1) If in the opinion of the Registrar, any resolution passed at the meeting of any cooperative society or committee thereof is opposed to the objects of the society or is prejudicial to the interests of the society or its members at large, or is in excess of the powers of the society, the Registrar, may staying execution of the resolution interimly, propose to rescind the resolution: Provided that the Government or the Registrar shall not do anything or take action or issue any order or directive which has effect of curtailing any of the freedom or powers given under this Act to any short term cooperative credit structure society or adversely affect the provisions of this Act. (2) In case where the Registrar has interimly stayed execution of any resolution under sub-section (1), he shall, within a period of forty five days, send the proposal of rescinding the resolution to the Tribunal for consideration. (3) The Tribunal shall, after giving the society an opportunity of being heard, decide upon the proposal of the Registrar and pass its final orders."
(3.) PERUSAL of the aforesaid provision shows that Registrar can stay execution of the resolution proposed to be rescinded and if any such order is passed, then to refer the matter to the Tribunal for consideration. The first issue for my consideration as to whether Assistant Registrar can pass such order by exercising the power of the Registrar. For the aforesaid purpose, I have gone through the definition of the Registrar as provided under Section 2(t) of the Act of 2001, which is also quoted hereunder:- "2(t) "Registrar" means a person appointed to perform the functions of the Registrar of cooperative societies under this Act, and includes any person appointed to assist the Registrar when exercising all or any of the powers of the Registrar." Perusal of the definition referred to above shows that it is not only a person appointed to perform the functions of the Registrar of Cooperative Societies under this Act, but includes any person appointed to assist the Registrar when exercising all or any of the powers of the Registrar. The definition does not include only Registrar to exercise the power but any other person appointed to assist the Registrar. Learned counsel for petitioner could not bring to my notice that the Assistant Registrar is separately defined for exercising the power other than given to the Registrar. In the aforesaid background, it cannot be presumed that the Assistant Registrar is not assisting the Registrar for exercising the power. ;