1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 13797 of 2026 Decided on: 12.08.2026 Balbir Singh …..Petitioner Versus The Registrar, H.P. Co-operative Societies ..Respondents ------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Kulwant Singh Katoch, Advocate. For the Respondents: Mr. Rajat Choudhry, Assistant Advocate General, for respondent No.1. Mr. Narender Sharma, Advocate, for respondents No. 2 to 4. ------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge Notice. Mr. Rajat Choudhry, learned Assistant Advocate General and Mr. Narender Sharma, learned counsel, appear and waive service of notice on behalf of respective respondents. 2. This writ petition has been filed inter alia laying challenge to the award dated 01.07.2026 passed by the Arbitrator, Co-operative Societies, Solan under Sections 72 & 73 of Himachal Pradesh Co-operative Societies Act, 1968 (in short, the Act). 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 3. Section 93 of the Act provides remedy of appeal against the impugned award. Learned counsel for the petitioner, however, expressed his concern that Assistant Registrar, Co-operative Societies, Solan, who exercises the delegated powers of the Registrar in respect of Primary Agricultural Co-operative Societies and related primary societies, is currently serving as member of Board of Administrators of respondent-Bank. Therefore, he would not be in a position to hear the appeal. In view of above, learned Assistant Advocate General was directed to have instructions in the matter when the case was taken up in the forenoon session. Learned Assistant Advocate General has placed on record office instructions dated 12.08.2026 from Registrar, Co-operative Societies- Respondent No.1, relevant portion of which, reads as under :- “It is pertinent to mention here that the Assistant Registrar, Cooperative Societies (ARCS), Solan, exercise the delegated powers of the Registrar in respect of Primary Agriculture Cooperative Societies (PACS) and related primary societies within its jurisdiction. However, in the present case, the ARCS, Solan, is currently serving as a member of the Board of Administrators of respondent No.2 Bank and thus, to ensure fair and impartial adjudication, the statutory appeal under Section 93 of the Act can be directly filed before the Registrar Cooperative Societies, Himachal Pradesh, who is fully empowered to assign or transfer the appeal under Section 93 to any other officers posted in the 3 Directorate of Cooperation for adjudication in view of the provisions contained under Section 3(2) of the Act. Kindly, bring these facts to the notice of the Hon’ble High Court of H.P. at the time of hearing.” 4. In view of above office instructions, this writ petition is disposed of with liberty reserved to the petitioner to seek recourse to the statutory remedy of appeal under Section 93 of the Act. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua August 12, 2026 Judge yogesh