Swami Vivekananda Multi-State Multi-Purpose Co-Operative Society vs Central Registrar Of Co-Operative Societies & Ors

Rajasekhar Mantha, J

Despite service notice, none appears for the State or the Central Government today.

Mr. Pradip Kr. Roy, learned counsel alongwith his Junior, Mr. Joydeep Roy, learned counsel has agreed to represent the State in the instant matter. Let their appointment be regularized by the Office of the Legal Remembrancer.

The point of law involved in this case is whether the letter dated 05.02.2016 addressed by the Central Registrar under the Multi State Cooperative Society Act, 2002 is lawful or valid. The Registrar had insisted that the writ petitioner for the purpose of establishing the Multi State Cooperative Society to operate both in Assam as well as in West Bengal is required to produce no objection from both the Registrar of Co-operative Societies of Assam as well as West Bengal.

A similar letter came to be considered by the Kerala High Court in the case of Haldar Vikash Credit Cooperative Society Ltd. vs. the Central Registrar of Co-operative Societies. The judgment was rendered by a Single Judge of the Kerala High Court on 18.08.2015 in W.P.(C) 18217(W)/15 wherein it was held that such a requirement stipulated by the Registrar of the Co-operative Societies of a No Objection from the Registrar of Co-operative Societies of the two States is illegal. The said decision was also followed in another judgment of the Kerala High Court in the case R. Zinna vs. Central Registrar of the Co-operative Societies being W.P.(C) 31890(W)/15 dated 08.02.2016.

The sum and substance of the view of the Kerala High Court is that a requirement not provided for in a parent statute cannot be inserted by way of an administrative order. The said order in question is to insist on a no objection from the two States in which the Society seeks to operate from under the Multi State Cooperative Society Act, 2002. A Statute cannot be amended by an administrative order. I am in full agreement with the finding of the Kerala High Court.

The impugned order dated 22.07.2015 shall stand quashed and is hereby set aside. By an earlier order dated 11.10.2018, this court had directed the Central Registrar to consider and dispose of the application of the writ petitioner in the light of the aforesaid two judgments and not insist on point No. 8(a) of the letter dated 05.02.2016.

The Central Registrar has failed to comply with the directions of this court. No affidavit-in-opposition either has been filed by the State or Centre in this regard, to the writ petition. Neither are the Centre or State represented despite service of notice.

This court, therefore, has no other option than to direct the Central Registrar of the Co-operative Societies to, within a period of four weeks from the date of communication of the copy of this order, register the writ petitioner as a Multi State Co-operative Society. The petitioner Society is entitled to operate both in the State of Assam as well as West Bengal and any other State after compliance of all other requirements except point 8(a) of the notice dated 05.02.2016.

The writ petitioner shall communicate this order to the respondents accordingly.

With the above observations, the instant writ application stands disposed of.

There will be no order as to costs.

Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.