2 . Shri Sudheer Tak, learned AAG assisted by Shri Saransh Vij, Advocate, representing the appellant State of Rajasthan, urged that the impugned judgment rendered by the learned Single Bench, is absolutely illegal and without jurisdiction. He urged that the learned Single Bench relied upon Section 28 of the Rajasthan Cooperative Societies Act, 2001 (hereinafter referred to as ‘the Act of 2001’), to hold that the questioned bye laws were beyond the jurisdiction of the rule making power of the District Milk Unions. He urged that Section 28 is meant for the members of the primary societies and not for the Cooperative Societies which are members of another Cooperative Society. He further submitted that the impugned bye laws are in nature of rights and liabilities being imposed on primary societies specifically in accordance with Schedule B appended to the Act of 2001, to be specific sub clauses Nos.(da), (e), (i) and (w) of clause 1 of the Schedule which empowers the District Milk Unions to specify the rights and liabilities of the primary societies. As per Mr. Tak, the bye laws in question were framed by taking recourse of this rule making power and are not without jurisdiction as held by learned Single Bench. On these grounds, Shri Tak vehemently and fervently implored the Court to accept the appeal and set aside the impugned judgment.
