Court No. - 21
Case :- WRIT - C No. - 24120 of 2018 Petitioner :- C/M Fisheries Cooperative Society Limited Respondent :- State Of U P And 7 Others Counsel for Petitioner :- Radhey Krishna Pandey,Neelesh Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This petition for writ is preferred to question the correctness of the order dated 7.3.2018 passed by the Deputy Commissioner (Fisheries)/Deputy Registrar (Cooperative Societies) invoking the power under Sub-section (2) of Section 14 of U.P. Cooperative Societies Act, 1965 (hereinafter referred to as 'Act of 1965'). Under the order dated 7.3.2018 the Deputy Registrar (Cooperative Societies) introduced an amendment in bye-laws of Matsya Jiwi Sahkari Samiti Ltd, Bahadurpur, Chandauli to the extent of its operational jurisdiction.
Submission of learned counsel appearing on behalf of the petitioner is that the Deputy Registrar (Cooperative Societies) initiated the process of amendment in the bye-laws of the cooperative society at his own without having any application by the society concerned in this regard. It is further submitted that the amendment introduced is neither in interest of cooperative society nor in public interest.
On going through the order impugned and the averments contained in petition for writ, we do not find any force in the argument advanced. Section 14 of the Act of 1965 pertains to the power available with the Registrar (Cooperative Societies) for amendments in bye-laws. Section 14, referred above, reads as under;
"14. Power to direct Amendment in bye-laws. - (1) Where the Registrar is of the opinion, whether on the representation of a member of a co- operative society or otherwise, that an amendment in the bye-laws of a co- operative society is necessary or desirable in the interests of such society or in public interest he may, under such circumstances as may be prescribed, by order in writing issued to the society by registered post, require the society to make the amendment within such time as he may specify in the order.
(2) If the society fails to make the amendment within the time specified, the Registrar may, after giving the society an opportunity of being heard, register such amendment and issue to the society by registered post a copy of the amendment certified by him as a copy and such shall be conclusive evidence that the amendment has been duly made and such copy registered."
From perusal of the provisions aforesaid, it is apparent that the Registrar may initiate the process to amend the bye-laws at his own too. Section 14 (1) provides that on forming opinion the Registrar either on the representation of the member of the cooperative society or otherwise may proceed to initiate the process for amendment in the bye-laws. At the first instance, it is required to direct the cooperative society concerned to introduce proposed amendment in the bye-laws and on failing to do so the Registrar may at his own make necessary amendments in the bye-laws. The only condition stands is to provide an opportunity of hearing to the cooperative society concerned.
In the case in hand, the Registrar (Cooperative Societies) before making amendment in the bye-laws has provided opportunity of hearing to the cooperative society concerned and, as such, no wrong is there in adhering the procedure prescribed under Section 14 of the Act of 1965. So far as the issue with regard to the interest of society and public interest is concerned, suffice to mention that under the amended provision a change is made only in operational jurisdiction of the society concerned. A bare reading of the order dated 7.3.2018 clearly indicates that part of Matsya Jiwi Sahkari Samiti Ltd, Bahadurpur, Chandauli has been given to Matsya Jiwi Sahkari Samiti Ltd, Kathaudi, Niyamatabad, Chandauli and that is only with a view to promote the fisheries uniformly in the area concerned. The order aforesaid by no stretch of imagination can be termed and treated against the interest of the society or against the public interest. In view of that no interference in the instant matter is warranted.
Writ petition is dismissed, accordingly.
Order Date :- 27.7.2018 Shekhar [Chandra Dhari Singh, J.] [Govind Mathur, J.]