- (1.) BY this writ application, the petitioner challenged the vires of Bye-law 19 (1) of respondent No. 4. The Consumers Co-operative Stores Ltd.
(2.) IN the writ petition it is alleged that the petitioner is a member of the consumers Co-Operative Societies Stores Ltd. , Port Blair, Respondent No. 4 herein, since 1989 by purchase of one share of Rs. 100/ -. The said Co-operative Society was registered originally under the Co-operative Societies act, 1912, having its Registration No. 108 dated 15. 12. 62 , issued by the registrar of Co-operative Societies, Andaman and Nicobar Islands. After the promulgation of The Andaman and Nicobar Islands Co-operative Societies regulation 1973, which was enacted by the President of India in terms of he provision of Article 214 of the Constitution of India, the said Society being deemed to have been registered as Co-operative Society under the said Regulation.
(3.) UNDER section 86 of the Andaman and Nicobar Islands Co-operative societies Regulation, 1973 (hereinafter referred to as 'regulation' for the sake of brevity), the chief commissioner of Andaman and Nicobar Islands is empowered to make rules subject to certain conditions. Be it noted here hat the said post has since been redesignated as Lt. Governor. Under the rule making power Rules can be framed to carry out all or any of the purposes of the Regulation and one of such purposes, as contained in clause (iv) of sub-section 2 of Section 86 of Regulation, is as follows : "86. **** **** (2) **** (iv) the matters in respect of which a co-operative society may or shall make bye-laws and the procedure to be followed in making, altering and abrogating bye-laws and the conditions to be satisfied prior to such malting alteration or abrogation. ";