M.N. Bhandari, J. - (1.) By this writ petition, a challenge is made to the order dated 17th October, 2013 issued by the Deputy Register, Cooperative Societies, Jhalawar. It is by invoking Sec. 125(1) of the Rajasthan Cooperative Societies Act, 2001 (in short "the Act of 2001"). A challenge to the orders dated 4th June, 2013 and 30th August, 2013 has also been made.
(2.) Learned counsel for petitioner submits that in view of provisio to Sec. 125 of the Act of 2001, the Registrar is not having authority to pass order against a resolution taken by the Short Term Cooperative Credit Structure Society (in short "the Structure Society"). The impugned orders have been passed by invoking Sec. 125 of the Act of 2001, whereas the autonomy has been given to the structure society for financial & internal administrative matters under Sec. 30B of the Act of 2001. In view of above, impugned orders deserve to be quashed having been passed in ignorance of Sec. 30B and provisio to Sec. 125 of the Act of 2001. The issue raised herein has already been determined by the Division Bench of this court in the case of Tej Singh v/s. Hanumangarh Central Co -operative Bank Ltd. & Ors., D.B. Civil Special Appeal No. 52/2013, decided on 21.01.2013. In view of above, writ petition deserves to be allowed.
(3.) Learned counsel appearing for the State Government so as Central Cooperative Bank have opposed the petition.;