( 1 ) RULE to be heard today. Mr. V. C. Desai waives service of the Rule on behalf of the first respondent and Mr. M. I. Hava waives service of the Rule on behalf of the second and third respondents

( 2 ) THE question herein relates to the validity of an order dated 23/04/1979 made by the second respondent under sec. 13 (2) of the Gujarat Co-operative Societies Act 1961 (hereinafter referred to as the Act) registering the amendment of the by-laws of the first respondent co- operative Society which has been confirmed by the order dated 29/05/1980 passed by the third respondent by dismissal of the appeal preferred against the said order by the petitioner Society.

( 3 ) SEC. 13 (1) provides that no amendment of the by-laws of a society shall be valid until registered under the Act. For the purpose of registra- tion of an amendment of the by-laws a copy of the amendment passed in the manner prescribed at a general meeting of the society is required to be forwarded to the Registrar. Sub-sec. (2) provides that if the Registrar is satisfied that the amendment so forwarded is not contrary to the Act or the rules he may register the amendment provided that no order refusing to register the amendment shall be passed except after giving the society an opportunity of being heard. Under sub-sec. (3) when the Registrar registers an amendment of the by-laws of a society he shall issue to the society a copy of the amendment certified by him which shall be conclusive evidence of its registration. Sub-sec. (4) requires the Regis- trar when he refuses to register an amendment of the by-laws of a society to communicate the order of refusal together with his reasons therefore to the society.

( 4 ) ON a bare perusal of the statutory provisions it would appear that the power of the Registrar to register an amendment is to be exercised upon his being satisfied that the proposed amendment is not contrary to this Act or the rules. If the proposed amendment is contrary to the pro- visions of the Act or Rules and this requirement necessitates taking into consideration all the provisions of the Act or Rules the Registrar will have no power to register the amendment.

( 5 ) SEC. 4 is a pivotal provision in the Act. It provides that a society which has as its object the promotion of the economic interests or general welfare of its member s or of the public in accordance with co-operative principles or a society established with the object of facilitating the opera- tions of any such society may be registered under the Act. The proviso to the said section which is material reads as under :provided that it shall not be registered if in the opinion of the Registrar it is economically unsound or its registration may have any adverse effect upon any other society or it is opposed to or its working is likely to be in contravention of public policy. (underlining supplied)IT would appear therefore that only such society can be registered under the Act which is to function on co-operative principles and the registration of which in the opinion of the Registrar will not have an adverse effect upon any other society. This provision which has been enacted to apply at the stage of registration of a society is relevant even at the stage of considering the question whether to register an amendment of the by-laws of a society by reason of the provisions of sec. 13 (2 ). If it is found therefore upon examination of all the relevant facts and circumstances of a given case that the registration of an amendment of the by laws of a society whereunder for example the area of operation of the society is to be extended is likely to undermine the co-operative principles or to have an adverse effect upon any other society such amendment could not possibly be said to be in accordance with the Act or to put it negatively not contrary to the Act and therefore the Registrar cannot possibly grant registration to such an amendment.

( 6 ) IN the instant case the petitioner soc