Govind Mathur, J. - (1.) This petition for writ is preferred to challenge the order dated 20.10.2003 passed by the Minister of Cooperatives, Government of Rajasthan, Jaipur. By the order aforesaid the Minister passed an interim order staying the order dated 10.2.1997 passed by the Chief Manager, Gajsinghpur Kraya Vikraya Sahakari Samiti Ltd., Gajsinghpur. The contention of learned counsel for the petitioner is that the Chief Manager, Gajsinghpur Kraya Vikraya Sahakari Samiti Ltd., Gajsinghpur is not an officer subordinate to the Registrar of the Cooperative Societies or to the State Government, therefore, the Minister was having no jurisdiction to pass the order impugned dated 20.10.2003.
(2.) The controversy involved in this petition for writ is no more res integra in view of the judgment of this Court in Jodhpur Nagrik Sahakari Bank Limited v. State of Rajasthan & Ors. (SB Civil Writ Petition No. 3887/2006) decided on 11.9.2007 holding as follows: "Under the Act of 2001, a co-operative society is defined as a Society registered or deemed to be registered under the Act. As per Section 7 of the Act of 2001, a co-operative society registered under the Act of 2001 is a body corporate by the name under which it is registered, having perpetual succession and a common seal, and with power to hold property, enter into contracts, institute and defend suits and other legal proceedings and to do all things necessary for the purposes for which it was constituted. As per Section 24 of the Act of 2001, the final authority for a co-operative Society shall subject to the provisions of the Act of 2001 vests in the general body of the members. The financial authority of a co-operative society does vest in general body of its members or a similar body elected in the manner laid down in the rules. The State Government under entire Act of 2001 is having a very little regulatory control on a co-operative society. The co-operative society may be an instrumentality or an agency of the State Government for the purpose of Part-III of the Constitution of India, looking to financial and administrative control, but in no way it can be treated as a department or as a body subordinate to the State Government. A co-operative society in itself is an autonomous body constituted for specific objects and its officers are accountable to the Co-operative Society only and not to the State Government or the Registrar. Thus, the Board of Directors and Managing Director of the writ petitioner- Bank are not officers subordinate to the Registrar or the State Government and, therefore, no revision petition under Section 107 could have been entertained by the Minister giving challenge to the order passed by the Managing Director in capacity of Disciplinary Authority and by the Board of Directors in capacity of an appellate authority. The revision petition preferred by the respondent No.3 before the State Government under Section 107 of the Act of 2001, therefore, is not maintainable being having no jurisdiction to entertain the same."
(3.) In view of the law laid down by this Court in the case of Jodhpur Nagrik Sahakari Bank Ltd. (supra) the order impugned dated 20.10.2003 is apparently bad in the eye of law. The Minister is having no jurisdiction to proceed with the revision petition preferred by Sh. Pawan Kumar (respondent No.3).;