SHAKTI SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In pursuance of Section 35-A of the Himachal Pradesh Cooperative Societies Act, 1969, the Registrar Co-operative Societies by his order dated 10-5-1976 constituted an ad hoc committee of Salon Co-operative Agricultural Services Society. At that time the committee was constituted of five members as mentioned in. the order. The life of this committee was extended by the Government up to 9-5-1979 under sub-Sub-section (2) of Section 35-A. This was done on 19-7-1978 as per Annexure PC. Thereafter on 26-7-1978 the Registrar Co-operative Societies passed an order found at Annexure PD by virtue of which he added two more members in the committee. These two more members are (1) Shri Piara Singh and (2) Shri Salig Ram.

(2.) Now the contention of the petitioner is that the Registrar had no powers to add these two more members because what was extended by the Government as per Annexure PC was the life of the committee which was constituted previously by five members. The contention, therefore, is that it was not legally competent to the Registrar to add two more members to the committee after the extension of its life by the Government.

(3.) It is Section 35-A which requires to be interpreted in order to appreciate the above raised contention of the petitioner. This section is in the following terms :- "35-A. Power of Registrar to constitute new committee in certain cases.-