Galanadi Gram Sewa Sahkari Samiti Ltd. v. State of Rajasthan and Ors.

Rajasthan HC29 Nov 2017CW/15442/2017

Case brief

AI extract

What is this about?

Division Bench dismissed a writ petition challenging a circular directing Primary Agricultural Credit Societies to distribute Kisan Credit Cards. The Court held the direction aligns with society bye-laws aimed at aiding agriculturists and dismissed the petition lacking merit.

What did the court decide?

Writ petition dismissed in limine; stay petition dismissed; no stay granted on the circular.

Galanadi Gram Sewa Sahkari Samiti Ltd. Vs State of… — Cooperative Societies | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 15442 / 2017

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Galanadi Gram Sewa Sehkari Samiti Limited, Galanadi Through Its Manager Sh. Bhanwara Ram S/o. Poonma Ram, Aged About 55 Years, By Caste Jat, Resident of Daukiyon Ki Dhani (Bhurtiya) Tehsil & District Barmer.

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----Petitioner

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Versus

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State of Rajasthan Through the Secretary to the Government, Department of Co-Operative, Secretariat, Jaipur.

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Registrar, Co-Operative Societies, Jaipur.

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The Barmer Central Co-operative Bank Limited, Barmer Through Its Managing Director, Barmer.

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----Respondents

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For Petitioner(s) : Mr. Harish Purohit

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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29/11/2017

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The petitioner-society, which is a Primary Agricultural Credit Society created under the Rajasthan Cooperative Societies Act, 2001 (hereinafter to be referred as ‘the Act of 2001’), has filed this writ petition through its Manager while challenging the validity of circular dated 22.08.2017 (Annexure-2) issued by the Registrar, Cooperative Societies, Jaipur, whereby the Registrar, Cooperative Societies, Jaipur has provided the procedure of distribution of Kisan Credit Card Kit (RuPay Card, Welcome Letter, User Guide, Card Pouch) (hereinafter to be referred as ‘the KCC’) and PINMailer to the agriculturists through the Primary Agricultural Credit Societies (hereinafter to be referred as ‘the PACS’).

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(2 of 8)

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[CW-15442/2017]

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As per the procedure, the Central Cooperative Banks shall collect the KCC and PIN-Mailer from the credit venders and thereafter the same will be distributed to the agriculturists through the PACS.

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Learned counsel for the petitioner-society has submitted that earlier the Registrar, Cooperative Society, Jaipur has issued circular on 02.08.2017, in which it is provided that the Central Cooperative Banks will distribute the KCC and PIN-Mailer of the agriculturists through E-mitra centers. It is contended that now the Registrar, Cooperative Societies, Jaipur has issued the impugned circular (Annexure-2) and instead of distributing the KCC and PIN-Mailer to the agriculturists through the E-mitra centers has provided the new procedure of distribution of the same through the PACS, which is direct attack on the autonomy of the PACS.

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Learned counsel for the petitioner-society has also argued that the action of the Registrar, Cooperative Societies, Jaipur of issuing direction to the PACS to distribute the KCC and PIN-Mailer to the agriculturists is in violation of Article 243-ZI of the Constitution of India and Section 30-B of the Act of 2001.

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It is further submitted that the affairs of the PACS, created under the of 2001, are governed by the Bye-laws and the PACS are required to function as per its Bye-laws only. However, the Registrar, Cooperative Societies, Jaipur while issuing the impugned circular (Annexure-2) has forced the PACS to discharge a function, which is not part of their routine business. Learned counsel for the petitioner-society has, therefore, submitted that the impugned

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(3 of 8)

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[CW-15442/2017]

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circular dated 22.08.2017 (Annexure-2) is illegal and the same is liable to be quashed and set aside.

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It is also argued by learned counsel for the petitioner-society that the impugned circular dated 22.08.2017 (Annexure-2) is also bad in the eye of law as there is no provision of giving any incentive to the PACS for distribution of KCC and PIN-Mailer and for utilizing the manpower of the petitioner-society. It is contended that utilizing the manpower of the petitioner-society without paying consideration is directly prejudicial to the interest of the PACS. It is contended that if the PACS are forced to distribute KCC and PIN-Mailer to its members the same would directly made the societies to incur expenses from their own funds without any return, which is nothing but utilizing the fund of PACS for the purpose absolutely in violation of the Bye-laws of the societies.

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On the strength of the above arguments, learned counsel for the petitioner-society has prayed that this writ petition be allowed and the impugned circular dated 22.08.2017 (Annexure-2) be set aside.

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Having heard learned counsel for the petitioner-society at length, I am of the firm opinion that this writ petition lacks of merit and I have no hesitation in holding that this writ petition is filed clearly in contravention of the objects of the petitionersociety as mentioned in its Bye-laws (Annexure-3).

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The argument of learned counsel for the petitioner-society to the effect that the directions issued by the Registrar, Cooperative Societies, Jaipur of distribution of KCC and PIN-Mailer to the

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(4 of 8)

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[CW-15442/2017]

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agriculturists through the PACS is direct attack on the autonomy of the said societies, is bereft of any merit. I fail to understand that how autonomy of the PACS will be effected with distribution of KCC and PIN-Mailer to its members.

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It is to be noticed that as per the Bye-laws (Annexure-3) of the petitioner-society, the main object of the societies is to provide help to the agriculturists, persons of weaker sections, small and marginal farmers, village artisans and agriculture labours of its area concerned for their financial progress.

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The objects of the petitioner-society elaborated in the Byelaws (Annexure-3) are reproduced hereunder :-

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4- mÌs;

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¼1½ bl laLFkk dk eq[; mÌ s ; vius dk;Z{ks= ds d’kdksa] detksj oxZ ds yksxksa] y?kq ,oa lhekUr d’kdksa] xzkeh.k nLrdkjksa ,oa df’k Jfedksa dh lgk;rk ,oa vkfFkZd mUufr] bUgsa l?ku _.k ,oa vU; lsok;sa miyC/k djkdj ,oa fu;kstu] mRiknu ,oa vk; esa vfHkof) dh lqfo/kk nsdj rFkk miHkksDrk lkexzh ds forj.k dh lsok O;oLFkk miyC/k

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djkdj djkuk gSA

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¼2½ eq[; mÌs”; dh izkfIr gsrq laLFkk fuEu esa ls fdUgha ,d ;k vf/kd dk;ksaZ dk lapkyu dj ldsxh ,oa vius fØ;kdykiksa dk leUo;] {ks= dh vU; laLFkkvksa ds lkFk dj ldsxh] ,oa tgka dgh Hkh vko”;d gks] muds ,tsUV ds :i esa dk;Z dj ldsxh&

¶38

¼d½ eq[;r% mRiknu dk;ksZa ds fy;s lnL;ksa dks vYidkyhu] e/;kdkyhu ,oa nh?kZdkyhu _.k miyC/k djkuk] jftLVªkj ds funsZ”kkuqlkj detksj oxZ ds lnL;ksa dks Hkksx ¼dUtElu½ iz;kstukFkZ Hkh _.k iznku djuk ;k lnL;ksa ds vkokl gsrq Hkou fuekZ.k dk;ksZa ds fy, _.k iznku djukA

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¼[k½ df’k buiqV tSls moZjd] cht] [kkn] midj.k] i”kqpkjk ,oa dhVuk”kd vkS’kf/k vkfn eRL; mRiknu] dPpk eky] e”khu midj.k] miHkksDrk vko”;d lkexzh bR;kfn dks lnL;ksa }kjk izLrkfor o lapkfyr df’k mRiknu ,oa y?kq m|ksxksa ,oa ?kjsyw

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(5 of 8)

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[CW-15442/2017]

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vko”;drkvksa dh iwfrZ ds fy;s lkexzh laxzg] Ø; ,oa forj.k djukA

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¼x½ vius lnL;ksa dh d`f’k mit] nqX/k] i”kqikyu] eRL; vkfn rFkk dqVhj] y?kq m|ksxksa ds mRiknu vkfn dk laxzg] Ø; ,oa foØ; ijks{k :i ls ;k lgdkjh Ø;&foØ; laLFkkvksa ds ;k vU; ,tsfUl;ksa ds ek/;e ls djukA

¶44

¼?k½ d`f’k mRiknu] nqX/k mRiknu ,oa vU; i”kqikyu mRiknuksa dh izlaLdj.k bdkbZ;ksa dks mUur djuk ;k mUgsa Lo;a vFkok fdjk;s ij pykukA

¶45

¼M-½ df’k lsok dk;ZØeksa ds fy;s df’k ;a= Lo;a Ø; djds ;k fdjk;s ij ysdj lapkfyr djuk vFkok VªDVlZ ikoj fVªylZ] cqyMkstlZ] Fkzs”kj] iEilsV] Fkzslj] vkjk e”khu vkfn lnL;ksa ds fgrkFkZ d`f’k dk;ZØe lsok dsUnzksa ds ek/;e ls miyC/k djkukA

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¼p½ lnL;ksa ds i”kq leqnk; dh mUufr ,oa lsok gsrq Lo;a lhM”kkyk] HksM+ikyu] lqvj ikyu vkfn pykuk ;k mldh O;oLFkk gsrq vko”;d izko/kku djuk rFkk vkn”kZ nqX/k”kkyk lapkfyr djuk ;k mlesa lg;ksx nsukA

¶47

¼N½ Lo;a ds ;k fdjk;s ds xksnkeksa esa df’k mit ,oa df’k tU; m|ksx mRiknu ds laxzg djus dh lqfo/kk iznku djuk ;k df’k vknku dks] tks fd fcØh ds fy;s gks] lekt ds lkekU; fgr dks nf’Vxr j[krs gq, laxzg djus dh lqfo/kk iznku djukA

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¼t½ Hkwfe dks Ø; djds] izkIr djds ;k iV~Vs ij ysdj df’k dk;Z gsrq vkn”kZ [ksrh rFkk vk/kqfud df’k rduhdh dk foLrkj djukA

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¼>½ lM+d fuekZ.k] dqvksa dh [kqnkbZ] Hkouksa] rkykcksa ,oa ugjksa dk fuekZ.k ,oa Hkwfe lq/kkj] flapkbZ dk;Z] ydM+h] pkjk o vU; ou mit dks laxzg djus gsrq Bsdk ysuk o vU; dk;Z ljdkj] LFkkuh; fudk; ;k O;fDr;ksa ls lafonk djds ysuk ,oa mUgsa lnL;ksa dh lgk;rk ls iwjk djuk] ftlls fd ekSleh fu;kstu fd;k tk ldsA

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¼´½ fyQ~V flapkbZ ;kstuk dh O;oLFkk djuk] pykuk] Lokeh gksuk ,oa ns[kjs[k djukA

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¼V½ lnL;ksa esa lkekU;r;k LOkkoyEcu vkSj lg;ksx dh Hkkouk dks izksRlkgu nsukA

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(6 of 8)

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[CW-15442/2017]

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¼B½ mifof/k;ksa ds varxZr mfYyf[kr mn~ns”;ksa dh izkfIr gsrq vko”;drkuqlkj “kk[kk;sa] fMiksa] fcØh dsUnz] “kks:e o dk;Z”kkyk;sa [kksyukA

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¼M½ lnL;ksa ds ykHkkFkZ df’k foLrkj lsokvksa dh miyfC/k] vko”;d rduhdh O;fDr;ksa dh fu;qfDr djds djkuk o df’k fo’k;d izn”kZu djuk vkSj vkn”kZ [ksrksa dks Lo;a ysuk o mudk lapkyu djuk A

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¼<½ jktLFkku LVsV dks&vkWijsfVo cSad fy- lgdkjh cSad] lgdkjh Ø; foØ; laLFkk] gksylsy lgdkjh Hk.Mkj] lgdkjh izkslsflax laLFkk] ftldk {ks=kf/kdkj laLFkk ds dk;Z{ks= esa gks] dh lnL;rk xzg.k djuk] rFkk Lo;a vFkok muds vfHkdrkZ ds :i esa _.kksa dk forj.k mldh olwyh ;k miHkksDrk lkexzh o df’k buiqV~l dk forj.k ;k df’k mit dh fcØh ;k nqX/k] v.Ms vkfn tSls O;kolkf;d mRiknu fcØh gsrq tSlh Hkh fLFkfr gks] dk;Z djukA

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¼r½ lkekU;r;k ,sls vU; dk;ksZa dks djuk] tks lnL;ksa ds vkfFkZd fgr o {ks= ds lEiw.kZ fodkl ds fy;s ,oa mijksDr of.kZr mÌ s;ksa dh iwfrZ ds fy, lgk;d gksA

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(emphasis supplied)

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Issuance of KCC and PIN-Mailer to the agriculturists or members of the PACS is a step taken by the government for the benefit of the agriculturists so they can get the money, for which they are entitled, directly in their bank accounts without there being any middlemen. It is a step to strengthen the financial status of agriculturists and members of weaker section of society. With such system in place the financial conditions of the agriculturists will be improved as there are minimum chances of spillage of their money.

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It is very strange that the petitioner-society has filed this writ petition while claiming that they cannot be asked to distribute the KCC and PIN-Mailer to its members though it may in their

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(7 of 8)

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[CW-15442/2017]

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benefit. How a society can think of not to do a particular work, which is certainly in the benefit of its members. As stated earlier, as per the Bye-laws (Annexure-3) of the societies the main object of the PACS is to provide help to its members and denying to provide help to its members will certainly amount to defeat the main object of the society and co-operative movement.

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It is very strange that on one hand the petitioner-society is claiming that it is not the business of to the PACS to distribute KCC and PIN-Mailer to the agriculturists, however, at the same breath the petitioner-society is claiming that if certain consideration is paid to it or some incentive is given to it the PACS are ready to do the same work. Such contradictory stand of the petitioner-society clearly indicates that the petitioner-society is less interested in helping its members but interested in making money for providing help to its members, which is its primary duty.

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Apart from that it is clear that the petitioner-society has failed to produce any material on record to suggest that any of the PACS has objected to the procedure provided for distribution of KCC and PIN-Mailer to the agriculturists vide circular dated 22.08.2017 (Annexure-2). The only document, which is produced by the petitioner-society, i.e. Annexure-5 is a representation not on behalf of the PACS but filed by the Managers of the various societies of District Barmer, wherein the Managers have objected that they cannot be forced to distribute the KCC and PIN-Mailer to the agriculturists.

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It seems that the petitioner-society has resolved to file this

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(8 of 8)

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[CW-15442/2017]

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writ petition under pressure of its Manager or the Managers of the other societies of District Barmer. Such a practise cannot be endorsed and need to be curbed at this stage only.

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In view of the above discussion, this writ petition is dismissed in limine.

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Stay petition also stands dismissed.

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Registry is directed to send a copy of this order to the

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Registrar, Co-operative Societies, Jaipur.

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(VIJAY BISHNOI)J.

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Abhishek Kumar

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S.No.24

Galanadi Gram Sewa Sahkari Samiti Ltd. v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

Galanadi Gram Sewa Sahkari Samiti Ltd. v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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