SAHEBGANJ MOTOR TRANSPORT CO OPERATIVE SOCIETY LTD Vs. REGISTRAR CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) Sahebganj Motor Transport Co-operative Society Ltd. is the sole petitioner in this writ application. There are 8 respondents out of whom respondent No. 1 is the Registrar, Co-operative Societies, Patna, respondent No. 4 is the Assistant Registrar. Co-operative So-cietits, Muzaffarpur Circle, respondents 5 to 7 are the 3 persons who, amongst others, had sponsored to form a co-operative society in the same name as that of the petitioner, respondents 2 & 3 are the Deputy Registrar. Co-operative Societies, 'Transport' Division, Muzaffarpur, and the Deputy Registrar, Co-operative Spcie-ties. Farming, Bihar. Patna, respectively end the 8th respondent is the State of Bihar. The petitioner has obtained a Rule from this Court under Articles 226 and 227 of the Constitution against the respondents to show cause why the order dated the 27th October, 1969, a copy of which is annexure 6 to the writ application, passed by respondent No. 1 be not called up and quashed. Mr. Mangal Prasad Mishra appeared in support of the rule, Standing counsel II appeared for the State but the main contest was by Mr. Kamlapati Singh learned counsel for respondents 5 to 7 who have also filed a counter-affidavit.

(2.) Sometime in April, 1968 some persons, of whom the main was Panna Lal Prasad, sponsored to form a Motor Transport-Co-operative Society. Their application was forwarded by Shri Akhileshwar Prasad Sinha, the Supervisor, to the Assistant Registrar, respondent No. 4. The petitioner's case is that the Assistant Registrar scrutinised the application on the 19th April, 1968 and pointed out certain defects in accordance with Rule 4 (2) of the Bihar and Orissa Co-operative Societies Rules, 1959 here-inafter called the Rules. Those defects were removed on the 26th of April, 1968. Along with that, the original, proposed name of society was also sought to be changed. The original, proposed name was Jaishankar Motor Transport Co-operative Society. It was sought to be changed to the name of Sahebganj Motor Transport Co-operative Society. Accepting the proposed change of the name, the Assistant Registrar, in exercise of his delegated powers under Section 11 of the Bihar and Orissa Co-operative Societies Act, 1935 hereinafter called the Act, granted a certificate of registration in the name of the petitioner on the 18th of June, 1968. A copy of this registration certificate is annexure 1 to the writ application. After this; registration was granted, an application was received by the Assistant Registrar, respondent No. 4, from respondents 5. 6. 7 and others through the Area Supervisor of Saheb-ganj. They in their application proposed to form a society in the name of Saheb-ganj Motor Transport Co-operative Society. The Assistant Registrar informed the sponsors of this new Society that a society in the name of Sahebganj Motor Transport Co-operative Society had already been registered. Thereafter the matter was enquired into by the Deputy Registrar. Co-operative Societies. Tirhut Division, Muzaffarpur, respondent No. 2, who submitted his report dated 31-8-1968 (annexure 4). Finally, respondent No. 4, by his order dated 21-11-68 refused to register the Society in exercise of his powers under Section 11 (2) of the Act and asked the sponsors -- respondents 5, 6, 7 and others -- to join the society which had already been registered. Thereupon the said respondents filed a revision on 13-12-1968 under Section 56 of the Act before the Registrar. In their revision application, they made a grievance of the illegal and wrong registration of Sahebganj Motor Transport Cooperative Society -- a Society sponsored by Panna Lal Prasad, as also a grievance that registration of their society in that name has wrongly been refused. A copy of the revision application is annexure 5 to the writ application. After hearing the parties concerned including Panna Lal Prasad and others the Registrar, by his impugned order, has held that the society recommended for registration by Shri Akhileshwar Prasad Sinha. Co-operative Supervisor, be registered in the name of Jaishankar Motor Transport Co-opera-tivt Society, and the society recommended by Shri Rajendra Prasad, Co-operative Supervisor, Sahebaganj be registered in the name of Sahebganj Motor Transport Co-operative Society.

(3.) In support of the rule, learned counsel for the petitioner urged 3 points--