MEHTAB S.GILL, J. - (1.) THE petitioner has prayed for issuing of a writ in the nature of certiorari for quashing of order dated May 15, 2000 (Annexure P-4) passed by respondent No. 3, i.e., the Assistant Registrar, Co-operative Societies, Narwana.
(2.) THE petitioner, i.e., the Kuber Co-operative House Building Society Ltd., Narwana, District Jind (hereinafter referred to as "the Society") has averred that there were 18 Co-operative House Building Societies at Narwana. Earlier the Assistant Registrar, Co-operative Societies, Narwana (respondent No. 3) vide order dated March 31, 1999 amalgamated 06 societies in the petitioner- society and 09 Co-operative House Building Societies with the Narwana Co- operative House Building Society, Narwana, district Jind and after the amalgamation, there remained only three Co-operative Societies, namely, the petitioner-Society, the Narwana Co-operative House Building Society Ltd., Narwana district Jind and one Bharat Co-operative House Building Society Ltd., Narwana. A copy of the order dated March 31, 1999 passed by the Assistant Registrar, Co-operative Societies, Narwana (respondent No. 3) is attached with the writ petition as Annexure P-1. It has been further averred that the Bharat Co-operative House Building Society Ltd., Narwana and the petitioner- Society have further been amalgamated into the Narwana Co-operative House Building Society Ltd., Narwana vide order dated May 15, 2000. It is this order which is under challenge in this writ petition. The main function of the society is to grant loans to build the houses. These societies are further members of the Haryana State Co-operative Housing Federation Ltd. The loanee, in lieu of the loan taken, mortgages his plot in favour of the society and the society further mortgages the said plot in favour of the Haryana State Co-operative Housing Federation Ltd. from where the societies get their main amount to be disbursed further to its members. Respondent No. 3, i.e., the Assistant Registrar, Co-operative Societies, Narwana, issued notice to the petitioner-Society under Section 14 of the Haryana Co-operative Societies Act, 1984 (hereinafter referred to as "the Act") on January 31, 2000, proposing to amalgamate the petitioner-Society into the Narwana Co-operative House Building Society Ltd., Narwana. The petitioner-Society was required to file objections in this respect within 15 days. A copy of the order dated January 31, 2000 inviting objections, passed by the Assistant Registrar, Co-operative Societies, Narwana exercising the powers of Registrar Co-operative Societies Haryana, Chandigarh is attached with the writ petition as Annexure P-2.
(3.) IT has been further averred that Shri Niranjan Dev Sharma through whom the present writ petition has been filed, filed objections on behalf of the petitioner-Society, opposing this amalgamation, before the Assistant Registrar, Co-operative Societies, Narwana (respondent No. 3) on February 17, 2000, a copy of which is attached with the writ petition as Annexure P-3. The petitioner-Society had also submitted a copy of the judgment dated April 27, 1999 passed by a Division Bench of this Court in Civil Writ Petition No. 670 of 1999, a copy of which is attached with the writ petition as Annexure P-5. Sections 13(1)(2)(3) and 14(2) of the Act relate to amalgamation, which are reproduced as under :- "13. Amalgamation, transfer of assets and liabilities and division of cooperative societies :- (1) a Cooperative society may with the previous approval of the Registrar and by a resolution passed by a two-third majority of the members present and voting at a general meeting of the society, - (a) transfer its assets and liabilities in whole or in part to any other cooperative society; (b) divide itself into two or more cooperative societies. (2) Any two or more cooperative societies may, with the previous approval of the Registrar and by a resolution passed by a two-third majority of the members present and voting at a general meeting of each such society, amalgamate themselves and form a new cooperative society. (3) The resolution of a cooperative society under sub-section (1) or sub- section (2) shall contain all particulars of the transfer, division or amalgamation, as the case may be. (4) ...[VERNACULAR TEXT OMMITED]... 14. Compulsory amalgamation :- (1) xx xx xx xx (2) No order shall be made under this section, unless- (i) a copy of the proposed order has been sent to the society or each of the concerned societies requiring them to file objections or suggestions on the proposed order within 15 days from the date of its receipt; (ii) The Registrar has considered all objections or suggestions received from such societies or members or creditors thereof, and has made such modifications in the proposed order as he may deem proper; (iii) every member or creditor of each of the societies to be amalgamated, who has objected to the scheme of amalgamation, shall be entitled to receive within the period specified in the order of amalgamation his share or interest if he be a member, and the amount in satisfaction of his dues if he be a creditor; (iv) the order referred to in sub-section (1) may contain such incidental, consequential and supplemental provisions as may, in the opinion of the Registrar, be necessary to give effect to the amalgamation." ;