RAVINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) By the Court. Is the order dated March 23, 1999 passed by the Assistant Registrar, Co-operative Societies, for the amalgamation of three societies in conformity with provisions of Section 13 of the Haryana Co-operatIve Societies Act, 1984 ? This is the short question that arises for consideration in this writ petition.

(2.) The petitioners are members of Jan Kalyan Co-operative House Building Society, Jagadhri. They are aggrieved by the order dated March 23, 1999 by which the Assistant Registrar had ordered "the amalagamation" of the Jan Kalyan Co-operative House Building Society with the Prince and the Sampark Co-operative House Building Societies. A copy of this order has been produced as Annexure P 1 with the writ petition. The petitioners allege that their society was functioning properly. No Resolution as contemplated under Section 13 of the Haryana Co-operative Societies Act, 1984 had been passed. Thus, the impugned order of amalgamation is illegal and invalid.

(3.) A written statement has been field on behalf of the 4th respondent viz, the Jan Kalyan Co-operative House Building Society. In para 9 of this reply it has been categorically admitted that "the said Resolution was not passed by the General .House and did not have the consent of the General House.....It has been further averred that this fact was "communicated to the respondents No. 2 & 3 and they were also asked to withdraw the said order, but to no avail."