- (1.) The Radaur Cane Growers Co-operative Society, Radaur, District Karnal, is a registered Co-operative Society under the Punjab Co-operative Societies Act, 1961 (hereinafter referred to as the Act and the rules framed thereunder as the Rules) with head office at Radaur, District Karnal. Mostly cane growers of the area are members of the Society and the cane-produced by the members is sold to Saraswati Sugar Mill, Yamunanagar (hereinafter called the Sugar Mill).
(2.) By notification dated 7th May, 1962, issued by the State Government, the Sugar Mill was notified as eligible for membership of the Society and ultimately the Sugar Mill became a member of the Society. According to the bye-laws of the Society, the Sugar Mill could nominate 5 delegates from amongst the members or its staff and could nominate two persons for becoming members of the Managing Committee. Since there was some doubt in the mind of the Inspector, Co operative Sugar Cane Societies, Yamunanagar, about the aforesaid nomination by the Sugar Mill, he referred the matter for opinion to the Cane Commissioner, Punjab, who was also the Registrar of the Co-operative Societies. Sh. J.S. Sarohia Cane Commissioner, Punjab, vide decision dated 19th June, 1962, (Annexure A) opined that the Sugar Mill is entitled to nominate five delegates to the general body of the Society so long as the existing bye laws of the Society so provide.
(3.) The aforesaid matter was again raked up at level of the Cane Commissioner exercising the powers of the Registrar, Co operative Societies and this time the matter was considered by a different officer, who by decision dated 16th May, 1963, Annexure 'B', held that bye law 13 is not consistent with the provisions of the Act and therefore, in view of Section 81 of the Act it no longer appears to be valid with the result that the Sugar Mill has no power to nominate. In coming to this conclusion, the provisions of Section 18, 26(2)(a) and (b) of the Act were taken into consideration. The earlier order Annexure 'A' was accordingly modified. The same matter was once again taken up at the same level and this time vide order dated 28th July, 1969, (Annexure 'D') the original order was found to be correct and the subsequent order Annexure 'B' was, therefore, withdrawn. The matter was later taken for reconsideration fourth time and by order dated 12th August, 1969, (Annexure 'E') which is a non speaking order, the order dated 28th July, 1969, (Annexure 'D') was withdrawn and status quo ante was restored with the result that the final decision of the Cane Commissioner-cum-Registrar, Co-operative Societies before the filing of the writ petition, was that the Sugar Mill has no power to nominate five delegates to be included in the general body of the Society.;