1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER Gurvindra Singh Vs. State of Raj. & Ors. S.B.CIVIL WRIT PETITION NO.5915/2008 Date of Order : : 04/09/2008 PRESENT HON'BLE MR.JUSTICE H.R.PANWAR Mr.Rajesh Joshi, for the petitioner. Mr.Deepak Choudhary, Dy.Govt.Counsel for the respodnents. BY THE COURT: Learned counsel for the petitioner submits that the controversy involved in the instant writ petition stands concluded in SBCWP No.2619/2007 (Chetan Meghwal Vs. State of Rajasthan & ors.) decided on 28-3-2008; SBCWP No.5005/2007 (Krishna Ram Vishnoi Vs. State of Rajasthan & ors.) decided on 26-10-2007; and SBCWP No.3794/2008 (Rajveer Singh Deora Vs. State of Rajasthan & ors., decided on 30-7-2008. 2 In this petition, the petitioner has sought direction against the respondents to initiate the process for election of Kraya Vikraya Sahkari Samities in District Sri Ganganagar and Sri Ganganagar Central Cooperative Bank Limited, Sri Ganganagar. It is contended by the learned counsel that the last election of the respondent Bank was conducted in September, 1992, however, before completion of the tenure, the elected Board was dissolved by the State Government and an Administrator was appointed. Learned counsel contended that as per the provisions of the Rajasthan Cooperative Societies Act, 1965, the Administrator could not have been continued for a period more than 12 years after expiry of the tenure of elected Board, the process for fresh election has not been initiated on account of deleterious action on the part of the State Government. Learned Deputy Government Counsel submits that the election process could not be initiated for the reason that some amendment in the bye-laws of the societies are under consideration. The cooperatives are autonomous, self-help organization, democratically controlled by their members who actively participate in setting their policies and making 3 decision. In primary cooperatives, members have equal voting rights and cooperatives at other levels are also organized in a democratic manner. It goes without saying that all cooperative institutions in the State should be controlled by the elected bodies constituted in accordance with the provisions of the Rajasthan Cooperatives Societies Act, 2001 (for short, “the Act of 2001” hereinafter), the rules made thereunder and the bye- laws of the respective societies. In the garb of proposed amendment in the bye-laws, the State Government cannot be permitted to defer the elections of democratic institutions for an indefinite period. It is to be noticed that so as to strengthen the democratic functioning in the cooperative institutions, various provisions have been incorporated in the Act of 2001. As per the provisions of Section 32 of the Act of 2001,the State Cooperative Election Authority, an independent agency constituted by the State Government, is responsible for conducting the election of the cooperative societies in the State in accordance with the provisions of the Act of 2001, the rules and the bye-laws of the society. It is stated that the State Government has already constituted the State Cooperative Election Authority. As per the provisions of Section 34 of the Act of 2001, the Chief Executive Officer of every cooperative society, 4 specified in sub-section (1) of Section 33, is required to send the written request in such manner as may be prescribed to the State Cooperative Election Authority to conduct elections of the Committees. The manner in which the written request is to be sent, has been provided by sub-rule (3) of Rule 45 of the Rajasthan Cooperative Societies Rules, 2003 (for short, “the Rules of 2003” hereinafter). In view of the discussion above, the Chief Executive Officers of the Societies concerned are directed to send the written request to the State Cooperative Election Authority in terms of Section 34 of the Act of 2001 read with rule 45 (3) of the Rules of 2003. The State Cooperative Election Authority is hereby directed to initiate the process of conducting the election of the primary societies and the Central Society, i.e. the Sri Ganganagar Central Cooperative Bank Limited, Sri Ganganagar, immediately after the receipt of the written request as aforesaid. The entire election process shall be completed within a period of six months from the date of receipt of this order. With the above directions, the writ petition stands disposed of accordingly. NK (H.R.PANWAR), J. 5 S.B.CIVIL MISC.STAY APPLICATION NO.10488/2008 IN S.B.CIVIL WRIT PETITION NO.5915/2008 Date of Order : : 04/09/2008 HON'BLE MR.JUSTICE H.R.PANWAR Mr.Rajesh Joshi, for the petitioner. Mr.Deepak Choudhary, Dy.Govt.Counsel for the respodnents. Since the writ petition itself has been disposed of, the stay petition also stands disposed of. (H.R.PANWAR), J. NK