B.S.Dhillon, J. - (1.) In this petition under Articles 226/227 of the Constitution of India, following prayers have been made:-( i) That the impugned notice dated December 5, 1975, copy of which is Annexure 'P-3'; and the final order dated January 2, 1976, copy of which is Annexure 'P-5' to the writ petition be quashed. (ii) That the provisions of Section 13 (8} to Section 13 (12) of the Punjab Cooperative Societies Act, 1961 (as amended by the Haryana State) be struck down as ultra vires to the Statute.
(2.) Brief facts of the case may now be stated. Petitioner No. 1 is a Co-operative Society Registered under the Punjab Co-operative Societies Act, 1961, as amended by the Haryana State Legislature (hereinafter referred to as the Act). Petitioner No. 2 is its Committee Member. It is alleged in the petition that the said Society was organised about 40 years back to boost up the economic interests of its members on co-operative principles The petitioner-Society was showing excellent progress year after year and was financially self-sufficient, a viable unit and was thus fulfilling the requirements of all its members numbering about 235 along with other residents in the area of operation of the Society. The society was free from all types of internal and external difficulties and was running smoothly. On December 7, 1975, the petitioner-Society received a notice from respondent No. 3, Assistant Registrar, Co-operative Societies, Jind, proposing amalgamation of the petitioner-Society along with two other Societies, namely, the Kair Khari Co-operative Agricultural Service Society and the Jhanj Khurd Co-operative Agricultural Society, with Ahirka Cooperative Agricultural Service Society. Copy of the said notice is Annexure 'P-3' to the writ petition.
(3.) The Managing Committee of the petitioner-society held a meeting on December 8, 1975, and resolved to object to the proposal of amalgamation. The Committee incorporated a number of points in the resolution with a view to show that the petitioner-Society was running efficiently and was viable Society therefore, may not be amalgamated. Copy of this resolution is Annexure 'P-4' to the writ petition. The Assistant Registrar, Co-operative Societies, Jind (respondent No. 3) then issued final orders ordering the amalgamation of the petitioner-Society and two other Societies mentioned above with Ahirka Cooperative Agricultural Service Society, vide order dated January 2, 1976. Copy of this order is Annexure 'P-3' to the writ petition.;