Law:

Section:

Co-operative Societies Act (VII of 1925) [as adapted by West Pakistan (Adaptation and Repeal of Laws) Act (XVI of 1957), S. 3(3), Sched. III ], S. 71(2) (g) & (ga) read with Co-operative Societies Rules, r. 48--Power of Registrar of Societies to supersede a Managing Committee and replace it by an Administrator rent he spelled out from provisions of els. (g) & (go) of subsection (2) of S. 71. The purpose of the Co-operative Societies Act, 1925 as would b; clear by a reference to its various provisions, is to exercise strict control over the functions of the Co-operative Societies. A Co-operative Society can even be wound up under section 47 of the Act. Therefore the provisions of clauses (5) and (ga) of subsection (2) of section 71 of the Act are a sufficient mandate for rule 48, which provides for supersession of the Managing Committee. Dr. Nasim Hasan Shah, Senior Advocate Supreme Court (Khawaja Shaukat Ali, Advocate Supreme Court with him) instructed by Ch. Khalilur Rahman, Attorney for Petitioner. Munawar Akhtar, Advocate Supreme Court instructed by S. Inayat Hussain, Attorney for Respondent No. 3. Nemo for Respondents Nos. 1 and 2. Date of hearing : 9th October 1967. JUDGMENT S. A. RAHMAN, J.-In this case, the Registrar, Co-operative Societies, purporting to act under rule 48 of the Rules framed under section 71 of the Co-operative Societies Act, 1925, has superseded what he described as "the Board of Directors" of the petitioner Batik and replaced it by an Administrator. The petitioner challenged the validity of this order by a petition in the High Court for a writ but failed. This is a petition for Special Leave to Appeal from the order of the High Court. Dr. Nasim Hasan Shah contended firstly, that the notice to show cause was given to the Managing Committee of the Bank but the final order passed by the Registrar superseded the Board of Directors and therefore, this had no relevance to the original notice. He claimed that there was a Board of Directors separate from the Managing Committee. In support of this allegation however, the learned counsel has not been able to adduce any document, though an adjournment was granted for this very purpose.…

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