MOHD RAFEE Vs. ASSISTANT REGISTRAR

JUDGEMENT

(1.) INTERVENER has filed an application under order 1, rule 10 CPC on 12.1.1999 before Revenue Board. But it is still pending. Shri Choube submitted an application that copy of the application of the intervener filed under order 1, rule 10 CPC has not been given to him. Same be provided today. Parties heard.

(2.) GRIEVANCES of the petitioner in this revision are that as per order dated 9.11.1995 passed by the Asstt. Registrar, Cooperative Societies, Ambikapur, he organised three new Marketing Societies and amended the bye laws of the Surajpur Society accordingly as per order dated 12.1.1996. Marketing Society Surajpur did not raise any objection to this amendment. But as per his order dated 25.6.1996 the Asstt. Registrar again intimated the marketing society, Surajpur that the society should again grant membership to Aadim Jati Sewa Sahakari Sanstha Mydt., Pratappur. Learned Asstt. Registrar's action is illegal as he has no power to review his earlier order.

(3.) I am unable to agree that how this action of the Asstt. Registrar will affect or would affect anticipated election process. While filing this provision the petitioners have also not taken care to implead the Marketing Society, Surajpur as Non-Applicant, because this society itself is alone competent to challenge such action of the Registrar. In this connection the learned counsel for N.A. No. 3 has relied on a decision of the High Court reported in 1997 CTJ 914 (State of Madhya Pradesh and another v. Laxman Prasad Bhargava and others Another Judgment reported in 1995 CTJ 755 (Shashivendra Yadav and others v. Machhi Singh and others). In this case by placing reliance on a Supreme Court decision reported in (Daman Singh v. State of Punjab. AIR 1985 SC 973, Honourable the Supreme Court has laid down the following principles : ' 'Once a person becomes a member of a co-operative society, he loses his individuality qua the society and he has no independent right except those given to him by the statute and the by-law. He must act and speak through the society or rather, the society alone can act and speak from him qua rights or duties of the society as a body."