HARI KRISHAN VERMA Vs. STATE OF H.P

JUDGEMENT

(1.) PETITIONER is member of the Bathalang Primary Cooperative Consumer Store. Respondent No. 3 society was registered in the year 1954, under the Cooperative Societies Act, as was in vogue at that point of time. The Assistant Registrar, Cooperative Societies vide office order dated 19.3.2007 was directed to send detailed comments on the compliance of the audit note of respondent No. 3 - society. The Assistant Registrar vide letter dated 18.4.2007 has recommended to take action under section 37 of the H.P. Cooperative Societies Act, 1968 (hereinafter referred to as the ˜Act' for brevity sake) against the management of respondent No. 3 in view of unsatisfactory working and non -compliance of the provisions of the Act, Rules and Bye -Laws. Thereafter, a notice was issued to respondent No. 3 on 27.4.2007 with regard to irregularities and illegalities committed in performance of the duties imposed by the Act, Rules and Bye -Laws enlisting therein the following irregularities:

(2.) THE notice was duly served upon respondent No. 3, but no representation was made by respondent No. 3 -society nor any reply was filed to show cause notice. Accordingly, the Deputy Registrar, Cooperative Societies, Eastern Division, Shimla vide office order dated 30.8.2007 superseded the management of respondent No. 3 with immediate effect in exercise of the powers vested in him under section 37 of the Act. The Inspector, Cooperative Societies, Arki was appointed as Administrator for a period of six months to manage the affairs of the Union in accordance with the Act. The Inspector was also directed to conduct fresh elections of the Union within six months positively to restore democratically elected management in the Union for its smooth and proper functioning as per law. This period was extended by the competent authority from time to time. The competent authority has also decided to put respondent No. 3 under liquidation vide order dated 2.3.2010. This decision was assailed by Sh. Jai Dev Kaundal and Sh. Amar Chand. The matter was assigned to Joint Registrar (Credit). Thereafter, on 18.3.2011, decision was taken to revive the respondent No. 3 -society by the Deputy Registrar, Cooperative Societies, (Eastern Division), Shimla vide Annexure P -2.

(3.) MR . J.L. Bhardwaj has strenuously argued that after the society was superseded vide order dated 30.8.2007, the Administrator of respondent No. 3 has enrolled primary societies, i.e. respondents No. 4 to 7, members of respondent No. 3 society, which is a secondary society. He further argued that Administrator has no authority/jurisdiction to enroll the members. According to him, the enrolment of the members can only be by the Managing Committee as per rule 49 of the Himachal Pradesh Cooperative Societies Rules, 1971 (hereinafter referred to as 'Rules' for brevity sake). According to him, this has been done by the Administrator in February, 2008 and April, 2009 in most illegal and arbitrary manner. He then argued that since respondents No. 4 to 7 could not be enrolled as Members of the respondent No. 3 -society, respondents No. 8 to 10 were not eligible to contest the elections to be held on 14.6.2011. He also argued that respondent No. 3 - society is a primary society for the purpose of marketing agriculture produce etc., respondents No. 4 and 5 are non -Agriculture Thrift and Credit Cooperative Societies and respondents No. 6 and 7 are the societies registered for the purpose of Labour and Construction. In other words, his submission is that respondents No. 4 to 7 could not become the members of respondent No. 3 - society.