KARUNA KANTA KARIKAR Vs. THE STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) BY this application under Article 226 of the Constitution of India the petitioner has challenged the vires of Rule 20(1) of the Assam Co -operative Societies Rules, 1953, hereinafter referred to as 'the Rules', and also has prayed for quashing the orders dated 20 -8 -1970 and 29 -5 -1971 passed by the Assistant Registrar of Co -operative Societies and the order dated 4 -7 -1972 passed by the Joint Secretary, Government of Assam, Co -operative Societies Department, and also for a direction to Respondents 5 and 6 to admit the petitioner as a shareholder in the Assam Co -operative Silk House Ltd.

(2.) THE facts of the case are as follows: Respondent No. 6, Assam Co -operative Silk House Ltd, is a co -operative Society constituted under the Assam Co -operative Societies Act, 1949, hereinafter referred to as 'the society'. One Kaliram Karikar was a member of the society holding ten shares valued at Rs. 100/ - each during his lifetime and he was a share -holder of the society till his death. The society was registered in the year 1941 under the provisions of the Societies Act. It is stated in the petition by the petitioner that said Kaliram Karikar during his lifetime nominated his two sons, namely, Karuna Kanta Karikar (the petitioner) and Govinda Karikar who predeceased his father. The petitioner is the only surviving son on the death of his father Kaliram Karikar. After his father's death, the petitioner filed an application on 31 -10 -1968 to the society for transferring the shares of his father in his name. The Secretary of the society, Respondent No. 5, by letter dated 17 -4 -1969 informed the petitioner as follows: -

(3.) SECTIONS 23 and 24 of the Act may be quoted.