KAMALU ITTY Vs. ASST DIST INDUSTRIES OFFICER

JUDGEMENT

(1.) The petitioners are promoters of the society formed for the benefit of Harijans. They however are not Harijans. Clause.6(1) of the Bye laws of the society provides that the membership is restricted to Harijans who are unemployed and capable of doing work and residing within the jurisdiction of the society. To put it differently only Harijans who are unemployed and residing within the jurisdiction of the society can aspire to become members of the society.

(2.) Having come to know that the petitioners are not Harijans though they had married Harijans, the Registrar of Industrial Cooperative Societies issued notice to the petitioners calling upon them to show cause as to why they should not be expelled from the membership. Ext. P-4 is the reply the petitioners gave to the show cause notice. The Registrar was not satisfied with the explanation and this resulted in the issuance of Ext. P-5 order which is under challenge in this O. P.

(3.) The learned counsel for the petitioners argues that the scheme of the Cooperative Societies Act is such that the promoters of a society will automatically become members of the society whether or not they were admitted subsequent to the registration of the society. The question as to whether the petitioners are eligible to become members of the society does not arise, after the formation of the society, and as such the finding in Ext. P-5, that they are liable to be expelled from the membership as they are not Harijans for whose benefit the society has been formed based on the result of an enquiry after the registration of society is not sustainable. In any event the direction that they are not entitled to the stipend although admittedly they have successfully completed the training course, is liable to be set aside. On the other hand the learned Government Pleader submits that only those Harijans who are living within the jurisdiction of the society and unemployed can become members of the society which indisputably is formed exclusively for the benefit of the said Harijans. Petitioners admittedly are not Harijans though they have married Harijan males and therefore the proceeding initiated by the authority concerned to expel them from the membership is beyond challenge. Similarly, it is further contended there is little scope to interfere with the decision of the Registrar that the petitioners are not entitled to get the Stipend.