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1976 Supreme(P&H) 41

BHOPINDER SINGH DHILLON, M.R.SHARMA
Bapauli Co-operative Agricultural Service Society – Appellant
Versus
State Of Haryana – Respondent


Judgment

M.R.SHARMA, J.

1. The petitioner is a Co-operative Society registered under the Punjab Co-operative Societies Act, 1961 (hereinafter called the Act). In exercise of powers u/s. 84A of the Act, the Registrar Co-operative Societies, Haryana, Chandigarh, directed the Apex Society respondent No. 3 to frame Common Cadre Rules applicable to some of the categories of servants of its member societies, including the petitioner-Society. Respondent No. 3 consequently framed the Primary Co-operative Agricultural Credit/Service Societies, Secretaries Common Cadre Rules, 1973, which were later on replaced by the Haryana State Central Co-operative Bank Staff Service (Common Cadre) Rules, 1975 (hereinafter called the Rules). It is alleged that these Rules infringed upon the statutory rights of the Primary Co-operative Societies conferred on them u/s. 23(1) of the Act, which lays down that final authority in a co-operative society shall vest in the general body of the members and where the bye-laws of such a society provide the constitution of a smaller body, such authority shall vest in the smaller body consisting of the delegate members of the society.

2. The other ground of challenge is



































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