The petitioner is aggrieved with Ext.P15 order of the Registrar, threatening action under sub-section (5) and (6) of Section 12 of Co-operative Societies Act,1969 (for brevity, 'the Act'). On a reading of Ext.P15 order, it is seen that the bye-law of the petitioner Society contained certain clauses, regarding sanctioning of loans as also opening of group deposit schemes, which were found to be not consistent with the objects of the Society. It was hence that there was a direction to call a General Body meeting and make amendments, removing such clauses, failing which action under sub-sections (5) and (6) of Section 12 of the Act was threatened. 2. The learned Counsel for the petitioner would contend that sub-sections (5) to (7) of Section 12 has been omitted by Act No.8 of 2013. An alternate contention is also W.P.(C) No.21026 of 2009 - W 2 taken, insofar as the power of the Registrar, even as per the then existing sub-section (5) of Section 12 of the Act was only to direct the amendment of the bye-law of a Society for the purpose of altering the area of operation of a Society or for the purpose of improving the service rendered. The clauses referred to in Ext.P15, which has been directed to be amended, does not fall within the ambit of sub-section (5) of Section 12 of the Act as it existed then.
Considering the fact that there was an interim order in the above writ petition from the date of filing and also considering the fact that, the provisions under which action was threatened, has been omitted, the writ petition would stand allowed making the interim order absolute and setting aside Ext.P15.
Sd/-
K. VINOD CHANDRAN, JUDGE SB // True Copy // P.A To Judge.