1 D.B. CIVIL SPECIAL APPEAL (WRIT) NO.931/2000 Automobile Co-operative Workshop Ltd. vs. State of Rajasthan & ors. D.B. CIVIL SPECIAL APPEAL (WRIT) NO.931/2000 Automobile Co-operative Workshop Ltd. vs. State of Rajasthan & ors. DATE OF JUDGMENT : 27.10.2009 HON'BLE THE CHIEF JUSTICE SHRI JAGDISH BHALLA HON'BLE JUSTICE SHRI PRAKASH TATIA Mr.MC Bhoot, for the appellant. Mr.GR Punia, AAG, for the respondent State. Mr.SN Bohra, for the respondents no.6 & 7. --------- Heard learned counsel for the parties. The petitioner/appellant, a registered cooperative society under the provisions of Rajasthan Cooperative Societies Act, 1965 (for short 'the Act of 1965'), sought exemption from the application of some of the provisions of the Act of 1965 from the State Government under Section 139 of the Act of 1965. The State Government granted exemption and in consequence thereof, the Deputy 2 D.B. CIVIL SPECIAL APPEAL (WRIT) NO.931/2000 Automobile Co-operative Workshop Ltd. vs. State of Rajasthan & ors. Registrar, Cooperative Societies, Jodhpur issued exemption certificate to the petitioner society on 27.6.1996. The respondents no.6 and 7 chose to challenge the said order of the Deputy Registrar, Cooperative Societies, Jodhpur dated 27.6.1996 by preferring appeal under Section 124 of the Act of 1965 before the Additional Registrar (Appeals) Cooperative Societies, Jodhpur which came to be allowed vide order dated 7.4.2000. Aggrieved against the said decision of the appellate authority dated 7.4.2000, the petitioner/appellant preferred writ petition before this Court. The petitioner's writ petition was dismissed by brief order dated 4.9.2000 by the Single Judge only on the ground that since the order passed by the appellate authority is revisable under Section 128 of the Act of 1965, therefore, the petitioner may avail alternate remedy. The petitioner has, therefore, preferred this appeal to challenge the order passed by the Single Judge. Learned counsel for the petitioner/appellant vehemently submitted that the order passed by the appellate authority was wholly without jurisdiction as the petitioner's society is not governed by the provisions of 3 D.B. CIVIL SPECIAL APPEAL (WRIT) NO.931/2000 Automobile Co-operative Workshop Ltd. vs. State of Rajasthan & ors. certain Sections including Section 124 of the Act of 1965 in view of the Government's order whereby specifically application of Section 124 stands dispensed with when any certificate is issued exempting the society from the provisions of the Act of 1965. It is also submitted that the Government's order has not been challenged and consequential order/certificate dated 27.6.1996 passed/ issued by Deputy Registrar has been challenged in appeal by the appellants before the lower appellate authority. It is also submitted that the appeal is maintainable only under Section 124 and a perusal of the same would show that such appeal is not maintainable and, therefore, there does not arise any question of said order being revisable. Learned counsel appearing for the State tried to justify the order passed by the appellate authority. Learned counsel appearing for the private respondents submitted that the appeal to challenge the order of granting exemption by the State Government is appealable under Section 124(1)(e) of the Act of 1965. 4 D.B. CIVIL SPECIAL APPEAL (WRIT) NO.931/2000 Automobile Co-operative Workshop Ltd. vs. State of Rajasthan & ors. We considered the submissions of the learned counsel for the parties. Before proceeding, it will be appropriate to look into the Section 124(1)(e) of the Act of 1965 which is as under :- “124. Appeals to other authorities. -(1) An appeal shall lie under this section against,- (e) a decision of a co-operative society other than that of a Farming and Producers' Society, as classified under the rules, refusing to admit any person as a member of the society or expelling any member of the society.” A bare perusal of the said provision clearly reveals that a decision of the cooperative society admitting any person as a member of the society or expelling any member of the society is appealable under Section 124(1)(e) and it nowhere provides any provision for any appeal against the order granting exemption by the State Government under Section 139 of the Act of 1965. Not only this, we also perused other provisions in Section 124(1) namely, Clauses (a) to (i) and there is no provision which provides any 5 D.B. CIVIL SPECIAL APPEAL (WRIT) NO.931/2000 Automobile Co-operative Workshop Ltd. vs. State of Rajasthan & ors. appeal against the order passed by the State Government granting any exemption under Section 139 to any society. As stated above, the petitioner/appellant has challenged the order of the Deputy Registrar issuing a certificate of exemption from the application of the provisions of the Act of 1965 and have not challenged the basic order by which the exemption itself has been granted. A certificate is a consequence of the decision taken to grant exemption from the application of the Act of 1965 to a society. A consequential order itself cannot be quashed and cancelled unless the foundational order is challenged and is found to be illegal and is quashed and cancelled. Since the appeal itself was not maintainable before the appellate authority, therefore, there could not have been any occasion for challenging the order of the appellate authority by revision under Section 128 of the Act of 1965 as that would amount to submitting the jurisdiction to the authority who has no jurisdiction by virtue of grant of exemption from the application of the provisions of the Act of 1965 and, therefore, the Single Judge has committed error of law in holding that the order under challenge could have been challenged under Section 128 of the Act of 1965. 6 D.B. CIVIL SPECIAL APPEAL (WRIT) NO.931/2000 Automobile Co-operative Workshop Ltd. vs. State of Rajasthan & ors. In view of the above reasons, this appeal deserves to be allowed, hence, allowed. The order passed by the Single Judge dated 4.9.2000 is set aside and the appellate order dated 7.4.2000 being wholly without jurisdiction is also set aside. No order as to costs. [PRAKASH TATIA], J. [JAGDISH BHALLA], CJ. S Phophaliya/-