[2026:RJ-JP:24115] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7810/2003 URN: CW / 14832U / 2003 1.Sawai Madhopur Kendriya Sahkari Bank Ltd., Sawai Madhoupr through Administrator. 2. Managing Director, Sawai Madhopur Kendriya Sahkari Bank Ltd., Sawai Madhopur. ----Petitioner(s) Versus 1. The State of Rajasthan, through Secretary Co-operative De- partment, Government of Rajasthan, Government Secretariat, Jaipur. 2. Purshottam Soni son of Shri Kailash Sahai Soni, resident of Behind Nai Mandi, Hindaun City, District Karauli, Presently work- ing on the post of Daily Wager Clerk/Cashier, Sawai Madhopur Kendriya Sahkari Bank Ltd., Hindaun Branch. ----Respondent For Petitioner(s) : Mr. Ram Kumar Sharma For Respondent(s) : Mr. Hansraj Kuldeep, AGC HON'BLE MR. JUSTICE INDERJEET SINGH Order 01/07/2026 This writ petition has been filed by the petitioner challenging the order dated 20.10.2003 passed by the Cooperative Minister, Government of Rajasthan, Jaipur under Section 107 of the Ra- jasthan Cooperative Societies Act, 2001 (hereinafter to be referred as ‘Act of 2001’). Counsel for the petitioner submits that the Cooperative Minister has no power to issue directions against the bank under Section 107 of the Act of 2001. [2026:RJ-JP:24115] (2 of 3) [CW-7810/2003] Counsel relied upon the judgment passed by the Coordinate Bench of this Court in the matter of Jodhpur Nagrik Sahkari Bank Ltd. Vs. State of Rajasthan and Others decided vide order dated 11.09.2007 passed in S.B. Civil Writ Petition No.3887/2006 wherein it has been held as under:- “The State Government under entire Act of 2001 is having a very little regulatory control on a co-operative society. The co-operative soci- ety may be an instrumentality or an agency of the State Government for the purpose of Part-III of the Constitution of India, looking to financial and administrative control, but in no way it can be treated as a department or as a body subordi- nate to the State Government. A co-operative so- ciety in itself is an autonomous body constituted for specific objects and its officers are account- able to the Co-operative Society only and not to the State Government or the Registrar. Thus, the Board of Directors and Managing Director of the writ petitioner -Bank are not officers subordinate to the Registrar or the State Government and, therefore, no revision petition under Section 107 could have been entertained by the Minister giv- ing challenge to the order passed by the Manag- ing Director in capacity of Disciplinary Authority and by the Board of Directors in capacity of an appellate authority. The revision petition pre- ferred by the respondent No.3 before the State Government under Section 107 of the Act of 2001, therefore, is not maintainable being having no jurisdiction to entertain the same. These petitions for writ, therefore, are al- lowed. The orders passed by the Minister for the Government of Rajasthan, Department of Co-op- erative Societies dated 21.02.2006 are declared illegal and same are quashed. The revision peti- tions preferred by the petitioner under Section 107 of the Act of 2001 giving challenge to the or- ders passed by the appellate authority and the disciplinary authority, are dismissed. The respon- dent No.3 shall be having liberty to avail appro- priate remedy for redressal of his grievance relat- ing to the orders impugned in the revision peti- tions referred above.” Against the order dated 11.09.2007 passed by the learned Single Judge, the State of Rajasthan filed D.B. Special Appeal Writ [2026:RJ-JP:24115] (3 of 3) [CW-7810/2003] No.160/2009 which was also dismissed by the Division Bench wherein para No. 22 it has been held as under:- “22. In the light of the above discussion, we are of the considered view that no power lies to the Minister Incharge, Department of Coop- erative Societies of the State to entertain revi- sion under Section 107 of the Act of 2001 where a right of appeal has been provided for under the separate Service Rules of 1987 & 2006 of the Co-operative Bank Employees, whose matters have been disposed of by the Competent Authority while exercising quasi ju- dicial functions.” Considering the judgments passed by the Coordinate Bench of this Court as well as by the Division Bench of this Court at Prin- cipal Seat, Jodhpur, this writ petition is allowed. The order passed by the Cooperative Minister dated 20.10.2003 (Annexure-3) is set aside. (INDERJEET SINGH),J JYOTI/41