1 MOHD. RAFIQ VS. THE JOINT REGISTRAR, COOPERATIVE SOCIETIES, JODHPUR (S.B.CIVIL WRIT PETITION NO. 5469/08) Dated:- 29.7.2009. HON'BLE MR.JUSTICE SANGEET LODHA Mr. Rajesh Joshi, for the petitioner. Mr. I.S.Pareek, Additional Government Counsel. 1. This writ petition is directed against order dated 19.6.08 passed by the Joint Registrar, Cooperative Societies,Jodhpur , whereby a dispute referred in respect of an election of Board of Directors of Pali Sahakari Upbhokta Wholesale Bhandar has been held to be not maintainable, being barred by time . 2. It is submitted by the learned counsel that the petition filed by the petitioner raising the election dispute before the Registrar was accompanied by an application for condonation of delay , therefore, in view of the provisions of sub-section (3) of Section 59 of Rajasthan Cooperative Societies Act, 2001( in short “the Act of 2001), the dispute could not have been held to be not maintainable, being barred by time, without considering the application of the petitioner for condonation of delay . 3. As per the provisions of sub-section (1) (d) of Section 59 of the Act of 2001, when the dispute is in respect of an election of an office bearer of the society , the period of limitation for referring the dispute is one month. However, as per the 2 provisions of sub-section (3) of Section 59, notwithstanding the provisions of sub-section (1) & (2) providing limitation for referring the dispute, the Registrar may admit a dispute after expiry of period of limitation period, if the applicant satisfies the Registrar that he had sufficient cause for not referring the dispute within such period. 4. Admittedly, the dispute referred to the Registrar for adjudication in terms of provisions of Section 58 of the Act of 2001 was accompanied by an application for condonation of delay in terms of provisions of Section 59 of the Act of 2001 therefore, the Registrar was under an obligation to consider the application on merits as to whether the reasons set out by the petitioner for condonation of delay in referring the dispute constitute sufficient cause or not. Thus, the rejection of the dispute as not maintainable being barred by time by the Registrar, without even considering the application of the petitioner for condonation of delay is ex facie violative of the provisions of sub-section (3) of Section 59 of the Act of 2001. 5. In the result, the writ petition succeeds, it is hereby allowed. Order impugned dated 19.6. 08 (Annexure 3) is quashed. The matter is remanded to the Joint Registrar, Cooperative Societies,Jodhpur to take a decision regarding admission of the dispute after due consideration of the application filed by the petitioner for condonation of delay in 3 terms of the provisions of sub-section (3) of Section 59 of the Act of 2001. The petitioner is directed to appear before the Joint Registrar, Cooperative Societies,Jodhpur on 17th August,09 . No order as to costs. (SANGEET LODHA),J. Aditya/-