P.K. Lohra, J. - (1.) The cluster of all these 437 petitions are broadly founded on identical facts and the question of law involved therein are also common, therefore, all these petitions are heard together and disposed of by this common order. Succinctly stated the facts are that petitioner-societies are registered under the Rajasthan Cooperative Societies Act, 2001 (for short, 'Act of 2001') enjoying the status of Primary Agriculture Credit Cooperative Society (PACS). Being registered co-operative societies, the petitioners are body-corporate having perpetual succession and common seal. The societies are authorised to hold property, enter into contracts, institute and defend suit and other legal proceedings and to undertake all these activities in furtherance of the aims and objects of their constitution. Essentially, in most of the petitions, petitioner-societies have assailed various orders/communications issued by the second respondent, Registrar Cooperative Societies, Jaipur (for short, 'Registrar'). The grievance of the petitioner-societies is against communication dated 16th of June, 2015, whereby Registrar has issued necessary instructions to all the societies (PACS/LAMPS) not to carry on banking activities in adherence of directions issued by the Division Bench of this Court and Supreme Court and interim order passed by the Supreme Court in SLP (C) No.16316/2015. That apart, the petitioner-societies have also questioned the subsequent/consequential orders issued by the Registrar from time to time. An affirmative attempt is also made, at the behest of the petitioner-societies, to assail the impugned communication dated 2nd of December, 2015, whereby Registrar has issued certain directions in the matter of disbursement of loans to the agriculturist members of the societies under the Kisan Credit Card (KCC) Schemes.
(2.) Precisely, the petitioners have voiced their grievances against the impugned communications on the plank that adherence of these orders/communications would prove detrimental to their interests and may result in thwarting the very aims and objects for which societies are formed. An attempt is also made by the petitioner-societies to castigate the impugned orders/communications as mala fide and outcome of colourable exercise of powers. The petitioner-societies have also romped in Section 30-B of the Act of 2001, whereby the societies are endowed with autonomy in all financial and internal administrative matters. Sections 51 and 125 of the Act of 2001 are also referred to by the petitioner-societies for ventilating their grievance against the impugned orders/communications. As per version of the petitioners, the impugned communications are in complete derogation to sub-section (6) of Section 51 of the Act of 2001 and the mandate of Section 125 of the Act of 2001. Asserting the separate and distinct entity of each societies, the petitioners have also averred in the writ petitions that respondent-Registrar is not authorised to undermine their status as a body-corporate by reducing their status as business correspondent (BC) or business correspondent agent (BCA) of the District Central Cooperative Bank. In totality, the petitioner-societies have made an affirmative attempt to question the legality and propriety of all the impugned communications by urging with emphasis that these communications would jeopardise their financial autonomy and may eventually disrupt the societies due to financial crunch and stringencies. In the matter of disbursement of ST loans to KCC account-holders, the petitioner-societies have also laid challenge to order/communication dated 2nd of December, 2015 by categorizing the same as de-hors the spirit of policy making agency i.e. NABARD besides other grounds.
(3.) On behalf of respondent, State of Rajasthan and Registrar, reply to the writ petition is submitted. In the return, the respondents have specifically pleaded that a primary agriculture credit society is not authorised to carry on banking activities. As per the positive assertion of the respondents, banking activities are only permissible to the Apex Cooperative Bank and District Central Cooperative Banks. While referring to area of operation of the petitioner-societies, it is submitted in the reply that these societies are at the panchayat level and whose members are villagers of a particular panchayat area. Highlighting functioning of these societies, it is pleaded in the return that function of the societies is to give crop loans (for Rabi and Kharif crops) and to undertake the business of sale of fertilizers and fair-price shops. As per the respondents, the petitioner-societies are registered only when it has minimum 1 lac deposits and 5 lacs of share capital. For elucidating flow of money, in the form of loaning in the complete cooperative system, it is urged by the respondents that loan is given by the concerned society to its members while borrowing it from the Central Cooperative Bank wherein accounts of the members of the societies are also maintained. In the complete structure of loaning 40% amount is of NABARD. In order to explain and defend the requisite order/communication issued by the Registrar on 2nd of December, 2015, the respondents have placed reliance on meeting dated 11th of July, 2015 held at the head-office of NABARD, Mumbai.;