JASBIR SINGH Vs. COMMISSIONER

JUDGEMENT

(1.) This judgment shall dispose of CWP Nos.4922 of 1989, 14997 of 1989 and 3985 of 2011.

(2.) In this case, the Assistant Registrar, Co-operative Societies, while exercising the powers of the Registrar, and in view of the Circular dated 19.8.1987 issued by the Registrar, Co-operative Societies, Punjab, for reconstruction of Primary Co-operative Agricultural Service Society, passed the order of bifurcation of the Cheema Co-operative Agricultural Service Society Limited under Section 13(8) of the Punjab Co-operative Societies Act, 1961 (hereinafter referred to as 'the Punjab Act') into two Societies, i.e., Cheema Co-operative Agricultural Service Society Limited, the area of operation of which shall be in villages Cheema and Barwala; and the Bhagupur Co-operative Agricultural Service Society Limited, Bhagupur, the area of which shall be in villages Bhagupur, Assol and Sangwan.

(3.) Some of the members of the parent Cheema Co-operative Agricultural Service Society Limited, who were having grouse against the above-said bifurcation order, challenged the said order by filing revision under Section 69 of the Punjab Act, before the State Government. The Commissioner, Appeals (exercising the powers of the State Government), allowed the said revision petition and set aside the order dated 30.10.1987 passed by the Assistant Registrar while coming to the conclusion that without calling and holding the General Body meeting of the parent Society and considering the objections filed by some of the members, the order of bifurcation could not have been passed. The said order was challenged in the aforesaid writ petition by some of the members, who are residents of village Bhagupur.