DEBO BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The writ application has been filed challenging the Constitutional validity of Rules 81 and 88 (9) of the Assam Co-operative Societies Rules, 1953.

(2.) Rules 81 and 88 (9) of the aforesaid Rules are quoted below :

(3.) The Assam Co-operative Societies Act. 1949 (hereinafter called the Act) was enacted to facilitate the formation and working of the Co-operative Societies and to consolidate and amend the laws relating to the Co-operative Societies in the State of Assam. The Policy of the Co-operative Societies Act is. to save the persons concerned from protractive expensive and sometime ruinous litigation in the Civil Courts and its object is to encourage, help and bring co-operation among the persons having limited means. Its purpose is to create quality of credit worthiness among Agriculturists, Artisan and other persons with common economic needs so as to bring about a higher standard of living, better business, better method of protection and equitable distribution and exchange. (See Dewan's Volume 2 page 460). That is Preamble to the Act of 1949. Under that Act Chapter-X provides for settlement of disputes. Section 64 provides for settlement of disputes. Section 63 provides for reference of disputes. Section 70 provides for power of the Registrar to direct payment of dues which is quoted below :