- (1.) By way of this petition, the petitioner has prayed for the following relief: By issuing an appropriate writ order or direction in the nature of writ of mandamus struck down the Sub-Section 7-A of Section 28 of the Rajasthan Co-operative Societies Act, 2001, inserted vide The Rajasthan Co-operative Societies Act 2016; and to declare the same as ultra vires and unconstitutional.
(2.) The petitioner has challenged in this petition, the constitutional validity of Section 28(7-A) of the Rajasthan Co-operative Societies Amendment Act, 2016 which reads as under: Section 28: Disqualification of membership etc. of committee: 7-A No Person shall be eligible for election as a member of a committee, if he has been elected or co-opted to be a member of the committee of the same society in continuation for two times, unless a period of five years from the date of expiry of his second term as the member of such committee has elapsed: Provided that a member of a committee once elected or co-opted to the committee shall be deemed to have completed his full term for the purpose of this sub-section, even if he was not elected or co-opted for a full term of five years or has not completed his term of office for any reason whatsoever it may be.
(3.) The main contention of counsel for the petitioner is that though notification is not published but they have issued directions and they are trying to form the society to implement the provisions. He contended that conjoined reading with Section 5 which has been reproduced on page 11 with Section 27 and constitutional provisions of Article 29 at page 7 and read with 293 z(i) is going contrary to the statute and the constitutional provisions. He contended that if Section 27 read closely, the maximum member is 20 and minimum member is 12, therefore, if there is a restriction on the membership 15, then the provisions of law is not feasible.;