DOHLI CO-OPERATIVE AGRICULTURAL SERVICE SOCIETY Vs. REGISTRAR

JUDGEMENT

(1.) This writ petition has been filed under Articles 226/227 of the Constitution of India praying for quashing the order passed by respondent No. 2 (Annexure P-3), which the petitioner-society has been amalgamated with Silli Kalan Co-operative Agricultural Society and Silli Khurd Co-operative Agricultural Society. It is conceded by the counsel for the respondents that the matter is covered by the decision of this Court in The Amerheri Co-operative Agricultural Service Society, Amerheri and another v. The State of Haryana and others, 1976 PunLJ 302, wherein it was observed that the provisions of sub-clause (b) of sub-section (9) and sub-section (11) of Section 13 of the Punjab Co-operative Societies Act are mandatory provisions which the Punjab Co-operative Societies Act are mandatory provisions which bestow a valuable right on the society, its members and the creditors to be affected by the proposed order for amalgamation or division to be passed under sub-section (8) of Section 13, to raise objections within specified time and also to make up their minds to withdraw from the society as members or to withdraw the amounts deposited as creditors and the said right cannot be exercised if the members and creditors are not served with a copy of the proposed order sent in draft. The same right has been made available to the members and creditors in case the Society itself decides for amalgamation or division, as is clear from the provisions of sub-sections (1) to (7) of Section 13 of the Act. In order to enable the Society, its members and creditors to avail of the right so bestowed, a notice of the proposed order has to be given to the Society, its members and creditors. In the present case, it is not disputed that no such notices were issued. In the aforesaid circumstances, we accept the writ petition and quash the impugned order with no order as to costs.