Decided on September 10,1991

STATE Respondents


V.P.BHSITNAGAR,J. - (1.) Shri Parkash Singh belongs to village Dhaun -da -Panga in district Hamirpur. He applied for the membership of the Kangoo Co -operative Agriculture Service Society Ltd., Village Kaogoo (hereinafter referred to as the petitioner Society) on December 31, 1976 and withdrew from the membership on September J2, 1980. According to the averments made in the writ petition, during the aforesaid period he also remained a member of the Manjheli Co -operative Agriculture Society and in this manner raised loans from both the societies.. Moreover, duel membership in two credit societies at the same time is prohibited by virtue of Rule 13 of the Himachal Pradesh Co -operative Societies Rules, 1971 (for short, the Rules). It was on November 17, 1980 that he again applied to be enrolled as a member of the petitioner Society, but his application was rejected on the ground that village Dhaun -da -Paoga is not within the area of operation of the Society according to its bye -laws. The petitioner Society also took exception to the alleged fraud played by Prakash Singh inasmuch as he had not earlier disclosed that he remained member of two credit societies at the same time.
(2.) Respondent 3 (Parkash Singh), aggrieved by the decision of the petitioner Society, filed an appeal dated December 24, 1980 before the District Co -operative Supplies Officer, Hamirpur who accepted it vide his order dated February 28, 1981 at Annexure P -A to the writ petition. The petitioner Society filed an appeal to the Registrar but it was returned as incompetent, whereafter a revision petition was filed before the Deputy Secretary (Co -operation) to the Government of Himachal Pradesh. Ibis petition was decided vide the Government letter dated September 14, 1981 copy of which has been attached at Annexure P -C. The petition was rejected on the ground that it was time barred* On the above facts, the petitioner -Society has filed the present writ petition praying that the orders dated February 28, l981 and September 14, 19A at Annexures P -A and P -C, the effect of which is to require the said society to admit respondent 3 as a member, be quashed.
(3.) Shri Parkash Singh, respondent 3, has not put in his appearance in response to the notice issued to him by this Court. He has, therefore, to be proceeded ex -parte Respondents 1 and 2 have filed reply stating that respondent 3 had withdrawn his membership from Manjheli Co -operative Agriculture Service Society on November 17, 1980 and applied to the petitioner Society for its membership on that very day. It has been admitted tdat village Dteaun -da -Panga is neither in the area of operation of the petitioner Society nor in the area of operation of Manjheli Co -operative Agriculture Service Society. It has also been averred that no revision petition was preferred by the petitioner Society and that, in fact, an appeal was filed, the time limit for the filing of which is sixty days under section 93 (2) of the Himachal Pradesh Co -operative Societies Act, 1968 and that the said appeal was rejected as time barred;

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