Point of Law : Section 94(2) of Act empowers Registrar to review any order passed by himself or call for and examine record of any inquiry or inspection held or made under this Act.

ORDER :

Since both the petitions were being heard together as same and similar questions of facts are involved therein, the same are being disposed of vide this common order.

2. Being aggrieved and dissatisfied with the order dated 22.12.2021 passed by the Deputy Secretary (Cooperation) to the Government of Himachal Pradesh, whereby revision petitions bearing No.11 and 12 of 2019 having been filed by the petitioner(s) herein under Section 94 of the Himachal Pradesh Cooperative Societies Act, 1968 came to be dismissed/rejected on the ground of maintainability, petitioner has approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for the following main relief(s):-

“i) That a writ in the nature of certiorari may kindly be issued for quashing the impugned orders dated 12.04.2019 and 22.12.2021 passed by respondents No.14 and 15 respectively and further the order dated 29.12.2018 passed by respondent No.13 to debar the members of the Managing Committee of respondent No.12- society to contest its election for three years from the date of passing the order may kindly be modified to the extent that the period of disqualification of respondents No.1 to 11 of Ex-Managing Committee of respondent No.12-society shall commence from the expiry of the term of the committee which will be w.e.f. 22.12.2019 and justice be done;

(ii) That a writ in the nature of mandamus may kindly be issued directing respondent No.15 and other authorities of the State Government to entertain the revision petitions instituted after the decision in the appeals either given by Registrar Cooperative Societies, H.P. or officers subordinate to him and justice be done.”

3. For having bird’s eye view certain undisputed facts which may be relevant for adjudication of the case at hand are that on the basis of complaint made by the petitioner and few other members of respondent No.12-society against Ex-Managing Committee of Baghal Land Loosers Transport Cooperative Society Limited, Darlaghat, Tehsil Arki, District Solan, H.P. for their having mismanaged the affairs of society, an inquiry was conducted by Additional Registrar (Monitoring) Cooperative Societies, Himachal Pradesh. Aforesaid officer after having heard parties and considered documents submitted his report to the Registrar Cooperative Societies, who forwarded the same to the Assistant Registrar Cooperative Societies, District Solan for taking appropriate action in the matter.

4. On 06.04.2018 respondent No.13 i.e. Assistant Registrar, Cooperative Societies, Solan, H.P. issued/served a show cause notice upon the Managing Committee of respondent No.12- society, which at that relevant time was manned by respondents No. 1 to 11, to explain their position. After having taken note of reply filed by respondents No.1 to 11, aforesaid authority vide order dated 29.12.2018 debarred respondents No.1 to 11 to participate in the election of respondent No.12-Society for three years w.e.f. 28.04.2018 in terms of provisions contained under Section 37(6) of the Himachal Pradesh Cooperative Societies Act, 1968 (hereinafter referred to as the ‘Act’).

5. Being aggrieved and dissatisfied with the aforesaid order dated 29.12.2018, passed by respondent No.13, the above referred respondents preferred an appeal before Registrar Cooperative Societies, Himachal Pradesh, who further assigned the matter for adjudication to respondent No.14 i.e. Additional Registrar (Monitoring/Marketing) Registrar Office, Shimla.

6. Since respondent No.13 had ordered to debar the members of the Ex-Managing Committee from anterior date i.e. 28.04.2018, by passing order of suspension, the petitioners herein being aggrieved by order dated 29.12.2018, passed by respondent No.13, preferred an appeal before Registrar Cooperative Societies, Himachal Pradesh, praying therein for modification of the order to the extent that period of three years to debar the members of the Ex-Managing Committee be counted from