Shri Lilaram Hazarika vs The Assistant Registrar of Co-operative Societies Ors.

K. Lahiri, J.—The Petitioner has complained in this writ application that the impugned orders vide Annexures ''C'' and ''D'' are invalid; without jurisdiction and beyond competence of the authorities.

The purport of the orders is nothing but requests made to two co-operative societies to amalgamate by holding a joint meeting. The two co-operative societies are (I) the Brahmaputra Parts III, IV and v. Fishery Co-op. society Ltd. and, (2) the Dihrugarh Fishery CO-Operative Society Ltd. The Petitioner claims that they had held a meeting and, majority of the members declined to amalgamate with the other society. The Petitioner complains that the requests conveyed vide Annexures ''C'' and ''D'' have compulsive force because it was stated in Annexure ''C'' that on falling to convene a joint General Meeting of the share holders" action might. be taken u/s 15(3) of the Assam Co-operative Societies Act, 1949, Mr. P. Prasad, learned Government Advocate appearing for the Respondents, submits that these were mere requests and the Petitioner was not obliged, to obey them. Mr. Prasad has referred to para 11 of the affidavit filed by the Under, Secretary, which reads as under:

It was only an endeavour to get the two societies amalgamated with due consent of both the societies in the best Interest of the members of both the societies.

We are of the view that the impugned orders were merely an endeavour made by the Respondents for the common good of the co-operatives. The undoubted power of the Registrar to take action u/s 15(3) is always there subject to the limitation contained therein. In view of the concessions made by the learned Government Advocate we bold that these were neither orders nor directions and non-compliance would not entail any "penal action" against the Petitioner. The order that action may be taken u/s 15(3)(a) of "the Act" it only an indication that in case of failure to amalgamate the societies by "mutual consent and agreement" between the co-operative societies, the Registrar might take action u/s 15(3)(a) of "the Act". The power to take action u/s 15(3) "the Act" is very much there with the Registrar. We can not prohibit him from taking action u/s 13(3) if the case squarely falls Within the ambit of the Sub-section. Under these circumstances we do not feel that it is at all necessary to quash the impugned orders.. The order are nothing but requests, which the Petitioner may or may not obey. It is entirely up to the Respondents to take necessary steps in accordance with law including u/s 15(3) of "the Act", if considered necessary.

With these observations, we dismiss, the application. There will be no order as to costs.