- (1.) In this writ petition under Articles 226 and 227 of the Constitution, the order, a copy of which is Annexure P.1, dated September 19, 1978, by the Assistant Registrar, Co-operative Societies, Garhshankar, in exercise of the powers of the Registrar Co-operative Societies, Punjab, purporting to be an order of amalgamation under Section 13(2)(a) read with Section 13(9)(b) of the Punjab Co-operative Societies Act, 1961 (hereinafter to be called the Act), has been challenged.
(2.) The name of the petitioner society is the Bains Co-operative Thrift and Credit Society, Mahilpur (hereinafter to be called the Thrift and Credit Society). According to the impugned order, Annexure P.1, the name of the society after the so-called amalgamation will be the Mahilpur Bains Co-operative Agricultural Service Society Limited Mahilpur (hereinafter to be called the Agricultural Service Society). Though in the opening part of the impugned order, there is a reference to the Agricultural Service Society as the principal society and some sort of communication having been sent to the amalgamating societies, yet it is quite evident from a close perusal of the impugned order that there is no mention of any other co-operative society other than the Thrift and Credit Society, the petitioner. In paragraph 2 of the order, the area of the operation of the principal society, is purported to extend to Mahilpur Dohlron. According to the averments in the petition, the Thrift and Credit Society was got registered on February 21, 1965, under the Act. It has land and buildings of its own and a fixed deposit of Rs. 2,44,000/- in the Central Co-operative Bank. It has advanced a loan of Rs. 3 lakhs to its members at six and a half per cent, per annum interest. In paragraph 6 of the petition, it was categorically averred that no other co-operative society has been amalgamated with the petitioner society by the impugned order and that the only consequence of the impugned order is that the name of the petitioner society has been changed from the Bains Co-operative Thrift and Credit Society Mahilpur to Mahilpur Bains Co-operative Agricultural Society Limited Mahilpur. The area of operation also continues to remain the same. No return has been filed on behalf of the respondents including respondent No. 3 who passed the impugned order. Thus, the facts as averred in the petition remain unrebutted and the writ petition has to be dispossed of on the assumption that the facts as mentioned in the writ petition and summarised above are correct. A perusal of the impugned order also clearly warrants this conclusion. In this situation, the emphatic contention of the learned counsel for the petitioner that by the impugned order no amalgamation of any co-operative society is sought to be effected with the petitioner society and, therefore, the impugned order is outside the ambit and scope of Section 13(8) of the Act has a good deal of merit. It is quite evident from this provision that for the purpose of amalgamation under Section 13(8)(ii) of the Act, there have to be more than one co-operative society before the amalgamation process can be initiated and any decision given by the Registrar under Section 13(9) of the Act. Amalgamation obviously means and implies at least two societies which can be merged with each other. Mere change of name of a particular society cannot be held to mean or to result in amalgamation. Mr. Tiwana, the learned Additional Advocate-General, Punjab, was not in a position to advance any argument in support of the impugned order, nor could he throw any light as to the purpose and motive for this extraordinary step taken by respondent No. 3 in passing the impugned order.
(3.) According to the learned counsel for the petitioner, the impugned order if not quashed, will definitely put the petitioner society and its members to a considerable loss inasmuch as the petitioner society being a thrift and credit society has been advancing loans to its members on interest at the rate of six and a half per cent, but as the Agricultural Service Society which will be the result if the impugned order is sustained, it will not be possible to advance loans to its members at a rate of less than nine per cent. However, without going into the merits of this contention, the impugned order cannot be sustained as an amalgamation order as envisaged under Section 13(8) of the Act on any ground whatsoever.;