Himachal Pradesh High Court
Layak Ram & Ors vs State Of H.P. & Ors on 17 November, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
( 2025:HHC:38541
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CWP No. 9499/2025
Decided on: 17.11.2025
.
Layak Ram & Ors. ...Petitioners
Versus
State of H.P. & Ors. ....Respondents.
........................................................................................
Coram
Ms. Justice Jyotsna Rewal Dua, Judge.
of
Whether approved for reporting? 1
For the petitioner: Mr. Ram Krishan Sharma,
rt Advocate.
For the respondents: Mr. Sikander Bhushan, Deputy
Advocate General, for respondents
No.1 to 5.
Mr. Rajiv Rai, Advocate for
respondent No.6.
Jyotsna Rewal Dua, J
The Regulatory Committee-respondent No.5 rejected petitioners' applications on 14.02.2025 (Annexure P-18) for becoming members of respondent No.6-Society. Based upon this decision a resolution was passed on 21.04.2025 by respondent No.6-Soceity cancelling memberships of petitioners. Aggrieved, petitioners have instituted this petition.
2. Heard learned counsel for the parties and considered the case file.
1 Whether reporters of the local papers may be allowed to see the judgment? yes ::: Downloaded on - 05/12/2025 21:55:04 :::CIS 2 ( 2025:HHC:38541
3. Following facts are not in dispute: -
3(i) Respondent No.6 is a Society registered on 24.03.2000 under the provisions of Himachal Pradesh Cooperative Societies Act, .
1968. Its Byelaws have been duly approved by the competent authority. Membership of the Society is governed by its Byelaws, relevant to the context are reproduced hereunder: -
"6. Subject to the provisions of Act, Rules and the Bye-Laws, any of individual who is hereditary resident of area of operation and also having ancestral land shall be eligible for admission as member of the society if he/she owns trucks, but not more rt than 3 trucks.
Provided that:-
a) an individual who has got valid papers indicating there in that, he/she will be able to have one truck within a period of one year in any one of the above systems i.e. ownership, shall also be eligible to become member of the Society.
b) the person who has hereditary land rights in the area of operation of the society and whose land has been acquired for plant site, Conveyor Belt and for the Mines & not for any other purposes in the above panchayats.
c) not more than one person from a family shall be enrolled as member.
d) A member shall not be entitled to have more than three trucks at a time.
e) a member shall have to submit land loosers certificate within three months from Revenue Authority.
7. No individual shall be member of the society, if,
i) he has applied for bankruptcy.
ii) he has been declared insolvent
ⅲ) he has been sentenced for dishonesty or moral turpitude.
8. Application for admission as members shall be disposed of by the Managing Committee subject to approval of General Body.::: Downloaded on - 05/12/2025 21:55:04 :::CIS 3
( 2025:HHC:38541 If the Managing Committee or General Body refuses to admit a person, it shall record its reasons for refusal and communicate them to the person, concerned. Any person, who has been refused admission shall have the right of an .
appeal to the Registrar within one month of the date of communication of refusal. The decision of the Registrar on such appeal shall be binding on the society and the appellant.
9. ......
10. Every member on the admission shall sign his name or make his thumbmark in the register of members and shall pay an admission fee of Rs.100@.
of 11-17............
18. Each member shall purchase at least one share of the value of Rs. 5000/- each in lump sum at the time of admission." rt Under Bye-law No. 28(iv), the General Body of the Society has been vested with powers of confirmation of the admission of the members.
In accordance with above Bye-laws, the petitioners applied for the membership of respondent No.6-Society by depositing the requisite admission and membership fees etc. Respondent No.6-Society accepted the share money and membership fees deposited by the petitioners. Membership of petitioner No.1 was confirmed on 27.04.2014, whereas, membership of petitioners No.2 & 3 were confirmed on 05.06.2016.
3(ii) In the meanwhile, the District Magistrate, Solan, issued an office order on 26.03.2010 constituting a Regulatory Committee for looking into the enrollment of new members of the societies ::: Downloaded on - 05/12/2025 21:55:04 :::CIS 4 ( 2025:HHC:38541 operating in the area in order to avoid membership disputes. The reasons for constituting the Regulatory Committee were assigned as under in the order: -
.
"During the above mentioned meetings/deliberations it came to the notice of the undersigned that some of the Transport Societies have been flouting the provisions of earlier orders vis-a-vis issue of new membership and number of trucks, therefore need for strict regulation of the provisions of the orders is required and should be Strictly adhered to Need was also felt that in future such tendency of Should be curbed for which it is very essential to constitute a Regulatory Committee to be headed by SDM. Arki The other members of this Regulatory Committee will be the Tehsildar. Arki rt and ARCS Solan or his representative. The enrollment of new members will be decided by this body in order to avoid any kind of membership dispute....."
The District Magistrate in the aforesaid order imposed several conditions for becoming member of the societies. The conditions relevant for the adjudication of this petition are: -
"5. Only one member per affected family should be made member.
6. Land Looser who has been given direct employment in the company should not be made eligible to become the member of society.
7. Family should be as per Parivar Register at the time of Section 4 notification of Land Acquisition Act, 1894."
3(iii) The aforesaid order dated 26.03.2010 was questioned by respondent No.6 in The Baghal Land Losers Transport ::: Downloaded on - 05/12/2025 21:55:04 :::CIS 5 ( 2025:HHC:38541 Cooperative Society Vs. State of H.P. & Ors. 2 The petitioners therein had questioned the very formation of the Regulatory Committee under order dated 26.03.2010. The Hon'ble Division .
Bench observed that the Regulatory Committee was formed way back in the year 2010, had been functioning since then, at present, it would be too late to interfere with its formation and to quash the said Committee. The writ petition was disposed of with directions to the of Registrar Cooperative Societies and the Deputy Commissioner, Solan, to consider the pending applications for grant of enrollment as rt members and also for permission for plying trucks "as per the rules occupying the field" and to pass appropriate orders therein.
Operative part of the judgment reads as under: -
"6. From the facts of the case, it emerges that the petitioner is aggrieved by the formation of the Regulatory Committee, which was formed way back in the year 2010. The said Committee has been functioning since the year 2010, but the petitioner never raised any objection against the formation of the said Committee. Therefore, at present, it is too late to interfere with and quash the formation of the said Regulatory Committee.
7. The grievance aired by the petitioner appears that the Regulatory Committee has not allowed the enrolment of new members and has not granted permissions for plying of new trucks, despite the fact that the petitioner-Society had already recommended the cases of the eligible persons and therefore, the said Regulatory Committee has been working against the interests of the land losers, who are in dire need of employment assistance.2 CWP No. 4679/2015 decided on 02.06.2016 ::: Downloaded on - 05/12/2025 21:55:04 :::CIS 6
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8. Therefore, in the given circumstances, we deem it proper to dispose of the writ petition by directing the Registrar, Cooperative Societies and the Deputy Commissioner, Solan to consider the pending applications for grant of enrolment as members and also .
for grant of permission for plying of trucks, as per the Rules occupying the field, and pass appropriate orders thereon within a period of four weeks from today. In case the orders, so passed, affect any applicant adversely, it is open for such applicant to challenge the same before appropriate forum, if so advised."
of 3(iv) In compliance to the above directions, the Registrar Cooperative Societies, H.P. considered the pending applications for rt becoming members of respondent No.6-Society including those of the petitioners. In para-18 of its order passed on 02.07.2016, the Registrar Cooperative Societies (RCS) held that the petitioners did not satisfy conditions No.5 to 7 (pertaining to definition of word 'family') formulated by the District Magistrate, Solan in the order dated 26.03.2010 and rejected their representations. In view of this order, the Assistant Registrar Cooperative Societies expelled the petitioners from the membership of respondent No.6-Society under order dated 12.08.2016 with immediate effect for violation of conditions No.5 to 7 of the order passed by the District Magistrate on 26.03.2010.
3(v) Against the orders passed by the Registrar Cooperative Societies, H.P. on 02.07.2016 and Assistant Registrar Societies ::: Downloaded on - 05/12/2025 21:55:04 :::CIS 7 ( 2025:HHC:38541 12.08.2016, Hem Raj & Ors. Vs. State of H.P. & Ors.3 was instituted. The present petitioners were also the petitioners in Hem Raj3. The writ petition was instituted for grant of following .
substantive reliefs: -
"i) That an appropriate writ, order or direction may very kindly be issued and annexure P-5, order passed by Registrar Cooperative Societies dated 2.7.2016 and annexure P-6, order dated 12.8.2016 passed by Assistant Registrar Cooperative of Societies, Solan, may very kindly be quashed and set aside.
ii) That an appropriate writ, order or direction may very kindly be issued directing the respondents to consider the case of the petitioners for grant of membership strictly in accordance with the rt Cooperative Societies Act, 1968, Cooperative Societies Rules, 1971 and bye laws of the Baghal Land Loosers Transport Cooperative Society, Darlaghat, in the interests of justice and fair play.
iii) That an appropriate writ, order or direction may kindly be issued and conditions as imposed by the Deputy Commissioner, Solan, vide order dated 26.3.2010, annexure P-3, surpassing the provisions of the statue, may very kindly be quashed and set aside, in the interests of justice and fair play."
The petitioners had inter-alia prayed for quashing and setting aside the order passed by the District Magistrate Solan on 26.03.2010 inter-alia on the ground that it was beyond the scope of the statutory provisions. While deciding the writ petition, the Court noticed pertinent observations made by the Hon'ble Division in Smt. 3 CWP No. 2173/2016 decided on 16.03.2024 ::: Downloaded on - 05/12/2025 21:55:04 :::CIS 8 ( 2025:HHC:38541 Nirmala Devi Vs. Deputy Commissioner, Solan & Ors. 4 that unnecessary complications being created by the order dated 26.03.2010 issued by the District Magistrate, Solan, whereunder the .
Regulatory Committee was constituted. The Court was of the view that Regulatory Committee could not have changed the definition of "Family", as provided in Section 2(8) of the Himachal Pradesh Cooperative Societies Act, 1968. That definition of "Family" as of contained in the order dated 26.03.2010, shall stand modified and its shall be read as the one defined in Section 2(8) of the Act. The rt observations of the Hon'ble Division Bench in Smt. Nirmala Devi4 as extracted in Hem Raj3 read as under: -
"4. Similar issue had arisen before the Division Bench of this Court in CWP No. 4040 of 2021, titled Smt. Nirmala Devi v. Deputy Commissioner, Solan and Ors. and Division Bench, vide order dated 16.9.2021, clarified that the definition of "family" as contained in the order dated 26.3.2010, passed by the Deputy Commissioner shall essentially be read as one defined in Section 2(8) of the Act. Relevant paras No. 2 to 5 of the judgment supra, read as under:
"2. It is fairly submitted by learned counsel for respondent No.3 that there is already an award passed in favour of the petitioner and, therefore, she is entitled to be enrolled as member of the respondent Society. Ordered accordingly.
3. We notice that the instant petition has been filed only on account of unnecessary complications created by the order dated 26.3.2010, that was passed by the Regulatory 4 CWP No. 4040/2021 decided on 16.09.2021 ::: Downloaded on - 05/12/2025 21:55:04 :::CIS 9 ( 2025:HHC:38541 Committee headed by the District Magistrate, Solan, wherein the "family" was defined as under:
"7. Family should be as per Parivar Register at the time of Section 4 notification of Land Acquisition Act, 1894"
.
4. We really wonder how regular Regulatory Committee could have changed the definition of "family", which otherwise exists in Section 2(8) of the Himachal Pradesh Co-operative Societies Act, 1968 and reads as under:
"Family" means husband, wife and unmarried sons and daughters.
5. Therefore, to that extent, the order dated 26.3.2010 shall of stand modified and definition of family as contained in that order shall essentially be read as the one defined in Section 2(8) of the Act, as reproduced hereinabove." rt In view of above, Hem Raj3 was allowed, the impugned orders dated 02.07.2016 & 12.08.2016 passed by the Registrar Cooperative Societies and the Assistant Registrar Cooperative Societies, respectively, based upon conditions No. 5-7 of the order dated 26.03.2010, were quashed and set aside. The authority concerned was directed to afford an opportunity of hearing to the petitioners and other stakeholders before passing a detailed speaking order. Relevant paras from Hem Raj3 are extracted hereinafter: -
"5. Since in the case at hand, petitioners are being declared ineligible on account of definition of "family" as contained in order dated 26.3.2010, passed by the Deputy Commissioner, Solan, prayer made by the petitioners, deserves to be allowed in terms of aforesaid clear cut finding rendered by the Division Bench of this Court.::: Downloaded on - 05/12/2025 21:55:04 :::CIS 10
( 2025:HHC:38541
6. Consequently, in view of the above, present petition is disposed of and orders dated 2.7.2016 and 12.8.2016 (Annexures P-5 and P-6) are quashed and set-aside. Needless to say, authority concerned, while doing the needful in terms of the instant .
order shall afford an opportunity of hearing to the petitioners as well as other stakeholders and pass detailed speaking order. Liberty is reserved to the petitioners to file appropriate proceedings before appropriate court of law, if they still remain aggrieved. All pending applications, stand disposed of."
of Pursuant to above directions, the Regulatory Committee convened its meeting on 14.02.2025 and rejected petitioners' rt applications for becoming members of respondent No.6-Society for want of compliance of conditions imposed in the order 26.03.2010, more particularly condition No. 6 thereof. Consequent thereupon, respondent No.6-Society expelled petitioners from its membership on 15.07.2025. In the above background, the present petitioners have instituted this writ petition for the grant of following substantive reliefs:
-
"(a) That an appropriate writ, order or direction may vary kindly be issued and annexure P-18 order passed by respondent no.5 and consequential and subsequent action taken by respondent no. 6.
on the basis of annexure P 18 whereby the respondent no. 6 has expelled the petitioners may vary kindly be quashed and set aside.
(b) That an appropriate writ, order or directions may vary kindly be issued to respondent no.6 to maintain the memberships of the petitioners in the register of membership being maintained by respondent no. 6 and further the respondent no. 6 be directed to grant permissions of trucks to them.
::: Downloaded on - 05/12/2025 21:55:04 :::CIS 11( 2025:HHC:38541
(c) That eligibility criteria/conditions imposed by Deputy Commissioner Solan vide order dated 26-03-2010 annexure P-14 and condition no. 6 in violation of statutory provisions as contemplated in The H.P. Cooperative Societies Act, 1968, Rules .
1971 and registered bye-laws of the society may vary kindly be quashed and set aside in the interest of justice and fair play."
4. Consideration 4(i) It would be appropriate to first refer to relevant of provisions of the Act & Rules governing the subject matter: -
4(i)(a) Section 17 of the Himachal Pradesh Co-operative rt Societies Act, 1968 (for short 'the Act') describes the persons who can be admitted to the membership of Cooperative Societies. The Section reads as under: -
"17. Persons who may become members.- No person shall be admitted to membership of a co-operative society except the following, namely:-
(a) an individual competent to contract under section 11 of the Indian Contract Act, 1872 (9 of 1872);
(b) any other registered society (except a society under liquidation proceedings);
(c) State Government; and
(d) such class or classes of persons or associations of
persons as may be notified by the State Government in this behalf."
4(i)(b) Rule 15 of the Himachal Pradesh Co-operative Societies Rules, 1971 (for short 'the Rules') deals with disposal of ::: Downloaded on - 05/12/2025 21:55:04 :::CIS 12 ( 2025:HHC:38541 application for admission of members and the same reads as follows:-
.
"15. Disposal of application for admission of members - (1) A Cooperative Society shall dispose of an application received for admission as a member as early as possible and in no case later than the expiration of a period of 30 days from the date of receipt of the application by the society. In case of refusal to admit, such society shall communicate its decision together with reasons therefore to the applicant.
of (2) If no decision has been taken and communicated to the applicant within the period specified in sub-rule (1) the applicant shall be deemed to have been refused the rt admission to membership.
(3) The applicant who has been refused admission under sub-rule (1) or (2) he shall have the right of appeal to the Registrar; whose decision in the matter shall be final.
The management of a society is bound to dispose of an application for admission as member, within 30 days from its receipt. In case the admission is refused the management shall have to intimate the reasons, of rejections to the applicant, who may prefer an appeal to Registrar, whose decision on the matter shall be final. If the management fails to dispose of the application within the specified period, the admission shall be deemed to have been disallowed."
In terms of the above extracted Rule, it is for the Co-
operative Society to dispose of the application received for becoming member of the concerned Co-operative Society. The Rule also provides right of appeal to the Registrar, to an applicant, who has been refused admission as member of the Co-operative Society.
::: Downloaded on - 05/12/2025 21:55:04 :::CIS 13( 2025:HHC:38541 4(i)(c) As per approved Bye-Laws of the petitioner-Society in particular Bye-Law No.8, it is the prerogative of the Managing Committee of the Co-operative Society though subject to approval of .
the General Body to decide the applications for admission as member of Cooperative Society. The said Bye-Law is as under:-
" 8. Application for admission as members shall be disposed of by the Managing Committee subject to approval of General Body. If the Managing Committee or General Body of refuses to admit a person, it shall record its reasons for refusal and communicate them to the person, concerned. Any person, who has been refused admission shall have the rt right of an appeal to the Registrar, within one month of the date of communication of refusal. The decision of the Registrar on such appeal shall be binding on the society and the appellant."
Virtually, the above provisions reflect the intent of Rule 15 of the Rules."
4(ii). From a reading of the relevant provisions of the Act, the Rules and the Bye-Laws, it becomes evident that it is the sole prerogative of the Co-operative Society to take first call on the application of an interested person for becoming member of the Society. The decision of the Co-operative Society refusing to grant membership can be challenged by the aggrieved applicant before the Registrar. Reference in this regard can be made to The Baghal ::: Downloaded on - 05/12/2025 21:55:04 :::CIS 14 ( 2025:HHC:38541 Land Looser Transport Cooperative Society Vs. State of H.P. & Ors.5 operative portion of which reads as under: -
"4. Consideration.
.
4(i). From a reading of the relevant provisions of the Act, the Rules and the Bye-Laws, it becomes evident that it is the sole prerogative of the Co-operative Society to take first call on the application of an interested person for becoming member of the Society. The decision of the Co-operative Society refusing to grant membership can be challenged by the aggrieved applicant before of the Registrar.
4(ii). In the instant case, under the impugned order, the Regulatory Committee on its own has decided to induct respondent No.5 as member of the petitioner-Society. This rt decision is not in consonance with the scheme of provisions in the Act, the Rules and the Bye-Laws. The respondents in their reply have defended the impugned order on the strength of an order dated 26.03.2010 (Annexure P-3) passed by the District Magistrate, Solan. Under this order, taking note of flouting of applicable provisions and previous directions issued for induction of new members and trucks, a Regulatory Committee headed by Sub-Divisions Magistrate was constituted. This order, inter alia, states that "the enrollment of new members will be decided by this body the Regulatory Committee in order to avoid any kind of membership dispute in future".
In view of the provisions existing in the Act, the Rules and the Bye-Laws, the Regulatory Committee does not have the jurisdiction to decide upon the membership of interested persons. The role of the Regulatory Committee, inter alia, can be to oversee, as to whether the new members inducted by the Co- operative Society are eligible to be the members or not; whether they fulfill the parameters laid down or not etc. In other words, the Regulatory Committee cannot sit over the statutory provisions and 5 CWP NO. 2022/2022 decided on 15.06.2024 ::: Downloaded on - 05/12/2025 21:55:04 :::CIS 15 ( 2025:HHC:38541 interfere with the specific powers given to the Co-operative Societies under the Act, the Rules and the Bye-Laws.
5. In view of above discussion, this writ petition is allowed and impugned office orders dated 19.01.2022 (Annexure P-7) and .
17.02.2022 (Annexure P-9) inducting respondent No.5 as member of the petitioner-Society, are quashed and set aside. Pending applications, if any, also stand disposed of."
The above decision, which has been accepted by all concerned lays down that the Regulatory Committee does not have of the jurisdiction to decide upon the membership of interested persons.
Its role at best can be to oversee as to whether new members rt inducted by the Cooperative Society are eligible to be the members or not; whether they fulfil the parameters laid down or not. The Regulatory Committee cannot sit over the statutory provisions, interfere with powers given to Cooperative Society under the Act, the Rules & the Bye-laws.
4(iii) The order dated 26.03.2010 passed by the District Magistrate, Solan had been questioned in The Baghal Land Loser Transport Cooperative Society2. The issue involved in the said case concerned formation of the Regulatory Committee. Since the Regulatory Committee had been constituted long back, its constitution under order dated 26.03.2010 was not interfered with by the Hon'ble Division Bench. The legality of definition "Family" given by the District Magistrate under the order dated 26.03.2010 while constituting the Regulatory Committee, arose for consideration in ::: Downloaded on - 05/12/2025 21:55:04 :::CIS 16 ( 2025:HHC:38541 Smt. Nirmala Devi4. The Hon'ble Division Bench clearly held that the Regulatory Committee could not have changed the definition of "Family", which existed in Section 2(8) of the H.P. Cooperative .
Societies Act, 1968. That unnecessary complications were being created by the order dated 26.03.2010 passed by the District Magistrate. Taking note of the above observations, Hem Raj3 instituted by the present petitioners assailing the order passed by the of Registrar Cooperative Societies on 02.07.2016 as also by the Assistant Registrar Cooperative Societies on 12.08.2016 rejecting rt petitioners' applications for becoming members of respondent No.6- Society on the ground of petitioners' not complying with the definition of word "Family" in terms of conditions No.5 to 7 of the order dated 26.03.2010, was allowed. Impugned orders passed by the Registrar Cooperative Societies on 02.07.2016 as also by the Assistant Registrar Cooperative Societies on 12.08.2016 were quashed and set aside with further directions to the concerned authority to consider the case of the petitioners' afresh, in accordance with law.
Reference can also be made to Sushil Kumar Verma Vs. State of H.P. & Ors. 6, wherein the question that came up for adjudication was "whether married son can be denied membership of the Society, on the pretext that his mother as well as brother are already member of other Society?"
6 CWP No. 4837/2024 decided on 27.05.2025 ::: Downloaded on - 05/12/2025 21:55:04 :::CIS 17( 2025:HHC:38541 Petitioner's claim was noticed as under: -
"13. It is not in dispute that on account of acquisition of their land, mother and brother of the petitioner were enrolled as Member of .
the Baghal Land Loosers Transport Cooperative Society and pursuant to their being member of afore Society, they were further permitted to ply their vehicles. Now claim of the petitioner, as has been put forth in the petition at hand is that since petitioner after his marriage has been residing separately and constitutes a separate family, as is evident from the Parivar Register, he is also entitled to be enrolled as member of the respondent No.3-Society, of on account of the fact that share of his land was also acquired for establishment of cement plant."
The stand of the respondents-State relying upon order rt of formation of Regulatory Committee, was negatived as under: -
"18. Resolution otherwise pressed into service by Mr. Vishal Panwar, learned Additional Advocate General and Mr. Mukesh Sharma, learned counsel representing respondent No.3 is of 12.12.2023, whereas record clearly reveals that prayer for his being enrolled as a Member of respondent No.3-Society was initially made in the year 2022, when similar situate person had approached this Court by way of CWP No.5392 of 2022, titled Kapura Ram and Others Vs. State of H.P. and Others, wherein prayer made on behalf of the petitioner for impleadment was rejected, but liberty was reserved to him to approach Assistant Registrar, Cooperative Societies, Solan, for redressal of his grievance. Pursuant to afore direction, petitioner immediately approached Assistant Registrar, Cooperative Societies, Solan, who thereafter called upon Regulatory Committee to examine the issue, but as has been discussed hereinabove, Regulatory Committee while misinterpreting the definition of family, as given in Section 2(8) of the Act, rejected the claim of the petitioner.::: Downloaded on - 05/12/2025 21:55:04 :::CIS 18
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19. Interestingly, resolution dated 12.12.2023 (Annexure P12) suggests that afore Society while deciding not to give membership to new members till the time work of the Society increases, permitted 18 members, who were not members, but had .
purchased vehicle to ply their vehicles through respondent No.3- Society, if it is so, petitioner, who had been approaching respondent No.3-Society for membership for quite long, otherwise could not have been denied membership. Otherwise also, this Court is persuaded to agree with Mr. J.L. Bhardwaj, learned Senior Counsel representing the petitioner that Regulatory Committee has otherwise no role to decide the issue of membership, which can of only be decided by the Cooperative Society, in terms of bye-laws. In this regard, reliance is placed upon judgment passed by Coordinate Bench of this Court in CWP No.2022 of 2022, titled as rt The Baghal Land Looser Transport Cooperative Society Vs. State of H.P. and Others, decided on 15.06.2024, relevant Para of which, reads as under:-
"In view of the provisions existing in the Act, the Rules and the ByeLaws, the Regulatory Committee does not have the jurisdiction to decide upon the membership of interested persons. The role of the Regulatory Committee, inter alia, can be to oversee, as to whether the new members inducted by the Co-operative Society are eligible to be the members or not; whether they fulfill the parameters laid down or not etc. In other words, the Regulatory Committee cannot sit over the statutory provisions and interfere with the specific powers given to the Co-operative Societies under the Act, the Rules and the Bye-Laws.
20. Consequently, in view of detailed discussion made hereinabove as well as law taken into consideration, this Court finds merit in the present petition and accordingly the same is allowed. Impugned order dated 13.02.2024 (Annexure P-13) and resolution dated 12.12.2023 (Annexure P-12) are quashed and set-aside with the direction to respondent No.3-Society to enroll the petitioner as member of the Society and thereafter provide ::: Downloaded on - 05/12/2025 21:55:04 :::CIS 19 ( 2025:HHC:38541 transportation work, as per bye-laws of the Society within a period of two months from today."
4(iv) Pertinently, The Baghal Land Loser Transport .
Cooperative Society2 which led to the genesis of the aforesaid orders had directed the competent authority to decide the pending applications for grant of enrollment & grant of permission for plying trucks "as per the rules occupying the field". Once the order passed of by the Registrar Cooperative Societies dated 02.07.2016 and the consequent order passed on 12.08.2016 by the Assistant Registrar rt Cooperative Societies were quashed and set aside in Hem Raj3 , the matter was required to be reconsidered afresh by the Registrar Cooperative Societies, strictly in consonance with the observations and directions made in The Baghal Land Loser Transport Cooperative Society2, keeping in view observations made in Nirmala Devi4, Hem Raj3 and The Baghal Land Looser Transport Cooperative Society5. This was apparently not done. Instead of the Registrar Cooperative Societies decided the matter afresh, in accordance with law, the Regulatory Committee straightway took a decision on 04.02.2025 rejecting petitioners' applications for membership of respondent No.6-Society. Such approach was illegal and procedurally incorrect. The definition of "family" was required to be considered in terms of the provisions of the Himachal Pradesh Cooperative Societies Act, 1968 and not as given by the District ::: Downloaded on - 05/12/2025 21:55:04 :::CIS 20 ( 2025:HHC:38541 Magistrate in order dated 26.03.2010. The Act and the Bye-laws had to be kept in view while deciding the applications. Keeping this relevant aspect in view, the Registrar, Cooperative Societies, .
Himachal Pradesh, was to reconsider the matter afresh in light of the directions issued in The Baghal Land Loser Transport Cooperative Society², strictly in accordance with 'the rules occupying the field'.
5. In view of above, this writ petition is allowed. The of impugned proceedings of respondent No.5-Regulatory Committee dated 14.02.2025, whereby the petitioners' applications for rt membership of respondent No.6-Society were rejected, and the consequent resolution passed by respondent No.6 on 15.07.2025 (Annexure R-6/1) expelling the petitioners from its membership, are quashed and set aside. The Registrar, Cooperative Societies (respondent No.2) is directed to consider the petitioners' applications for grant of membership of respondent No.6-Society afresh strictly in consonance with the rules occupying the field, as directed in The Baghal Land Loser Transport Cooperative Society2, inter alia, keeping in view The Baghal Land Looser Transport Cooperative Society5, Hem Raj³, Nirmala Devi⁴, and Sushil Kumar Verma7. The needful be done within a period of eight weeks from today. The decision so arrived at shall also be communicated to the petitioners.
7 CWP No. 4837/2024 decided on 27.05.2025 ::: Downloaded on - 05/12/2025 21:55:04 :::CIS 21( 2025:HHC:38541 Pending miscellaneous application(s), if any, shall also stand disposed of.
.
Jyotsna Rewal Dua Judge 17th November, 2025(rohit) of rt ::: Downloaded on - 05/12/2025 21:55:04 :::CIS