Ladwa Cane Growers Co-op. Society Ltd., Ladwa vs Registrar, Co-op.Societies Haryana and ors.

M. M. Punchhi and A L. Bahri, JJ.

The petitioner Cooperative Society was issued a notice under Section 105 of the Haryana Cooperative Societies Act, 1984 (for short the act) on 6.5.1988 (Annexure P/4) asking it to show cause on or before 20.5.1988 as to why the society be not wound up. The notice was issued by the Assistant Registrar, Cooperative Societies, Haryana exercising the powers of the Registrar, Cooperative Societies. The petitioner Society vide letter Annexure P/5 asked for more time as the time allotted to show cause was not sufficient to convene a meeting of the Managing Committee of the Society. Despite that order dated 25.12.1988, Annexure P/6 was passed by the Assistant Registrar exercising the powers of the Registrar, ordering winding up of the society. It is to challenge these orders that the petitioner society is in this Court.

Ordinarily an appeal lies against an order of winding up of a Cooperative Society under Section 105 of the Act. Section 114(1)(m) of the Act is clear on the subject. The learned counsel for the petitioner submits that there are two impediments in the way. Firstly the order has been passed by the Assistant Registrar in exercise of the powers of the Registrar and, therefore, the appeal is not expected to be entertained by the Registrar and secondly when he himself has ordered vide order Annexure P/2 of, winding up of the Society.

So far as the first contention is concerned, it is the undisputed position that if the order is of the Registrar then the appeal would lie to the State Government. Here the Assistant Registrar has passed the order exercising the powers of the Registrar. In that case we do not see why the presence of an alternative remedy of appeal of the Government, should the petitioner be allowed to invoke the jurisdiction of this Court under Article 226 of the Constitution of India. On the second point it is patent that when the order is treated to be that of Registrar he has otherwise under Section 105(3) of the Act power to cancel the order of winding up of a Cooperative Society at any time if he arrives at the opinion that the society should continue to exist. For these reasons we are of the view that the petitioner should be left to take resource to his remedies under the Haryana Cooperative Societies Act, indication of which has been made hereto before.

Dismissed in limine for the aforesaid reasons.