Law: Cooperative Societies Act, 1925

Section: 44-D,16-A,44-B

(a) Cooperative Societies Act (VII of 1925)--- ----S.44-D---Power of Registrar of Cooperative Societies (Registrar)---Bye-laws---Status---Bye-laws of a society carry statutory force not greater than directions issued by Registrar under S.44-D of Cooperative Societies Act, 1925. (b) Cooperative Societies Act (VII of 1925)--- ----Ss.16-A, 44-B---Election Rules, R.5---Registrar, powers of---Amendment of bye-laws---Consistent practice---Effect---Petitioners were aggrieved of order passed by Registrar including Secretary to Managing Committee to hold office bye-election---Plea raised by petitioners was that in many cooperative societies, Secretary was not to hold office after election---Validity---Departmental construction of a statutory instrument consistently followed for a long time gave rise to legitimate expectancy and the same could not be deviated or departed from unless new development in the form of clarification by legislation came out---Knowledge of members of Society in question as to the candidates as well as the right to contest election of society was their fundamental right attached to democratic vision over which cooperative society was founded--- Manner in which office of Secretary was included in election schedule through a corrigendum violated R.5 of Election Rules of the society--- When a thing was required to be done in a particular manner it must be done in the same manner or not at all--- High Court directed the Registrar to issue a fresh schedule of election for entire managing committee after including office of Secretary in accordance with R.5 of Election Rules of the Society---High Court further directed the Registrar to enforce amendments in bye-laws in exercise of powers under S.16-A of Cooperative Societies Act, 1925---Constitutional petition was disposed of accordingly. Military Account Cooperative Housing Societies Limited v. Secretary to the Government of the Punjab and others PLD 2016 Lah. 223; Vipulbhai M. Chaudhary v. Gujarat Cooperative Milk Marketing Federation Limited and others (2015) 8 SCC 1; Bank of Punjab and another v. Haris Steel Industries (Pvt.) Ltd. and others PLD 2010 SC 1109 and Chenab Flour and General Mills v.…

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