PRITAM SINGH Vs. REGISTRAR

JUDGEMENT

(1.) This judgment will dispose of Civil Writ Nos. 851 of 1973, 564 of 1973 and 3827 of 1972. For facility of reference, facts giving rise to Civil Writ No. 851 of 1973 may be briefly stated as follows :-

(2.) The aforementioned statement of facts shows that the petitioners have not so far been admitted as members of the Society. Though a Cooperative Society is governed by the Act and the Rules framed thereunder, yet the question regarding the admission of new members is by the large a matter of contract between the Committee of the Society and the persons who want to become its members. Such persons have no right to go to a Court of law on the ground that a Society has decided not to accept them as its members. On this short ground this petition deserves to be dismissed. However, my attention has been drawn to letter dated 7th February, 1973, issued by the Deputy Registrar, Co-operative Societies, Ludhiana, exercising the powers of Registrar and addressed to the Administrator of the Khanna Society, the material portion of which reads as under :-

(3.) Now Shri Jagdish Chander has been appointed as an Administrator of the Society under Section 26(ID) of the Act. Under Section 27(3) of the Act, an administrator has the powers to perform all the functions of a Managing Committee of a Co-operative Society subject to such instructions as may be given to him by the Registrar from time to time. In this view of the matter it would not be competent for respondent 4 to introduce new members into the Society. The order passed by the authorised Registrar is quite clear and that it would have effect from the day when the concerned Administrator was appointed. Thus, even if the Administrator had introduced some new members, their enrolment will be non-est in the eyes of law and they would not be allowed to participate in the elections. The grievance of the petitioners that they are being kept out on mala fide grounds, whereas other people are being enrolled as members, has no valid basis. Since the claim of the petitioners for enrolment as members has been turned down, they would not be competent to raise other legal points urged on their behalf. In any case, there is no substance in the plea that certain powers of Registrar have been delegated in favour of an officer of one rank and other powers have been delegated to an officer of another rank. The Government has been authorised by the Legislature to make such a delegation and it is within the powers of the Government to keep before its mind the nature of power to be delegated and the quantum of work which an officer of a particular rank does before taking a decision regarding the nature of the powers of the Registrar to be delegated upon him.