1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 13392 of 2026 Decided on: 07.08.2026 The Brow Cooperative Agriculture Service Society Ltd. …..Petitioner Versus State of H.P and others ..Respondents ------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Subhash Chander, Advocate. For the Respondents: Mr. Sikander Bhushan, Deputy Advocate General, for respondents No. 1 to 5. ------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge This writ petition has been filed for grant of following substantive reliefs:- “A. That in the above premises, this Hon’ble Court is humbly requested that present petition may please be allowed and further issued an appropriate writ, order or direction to quash and set-aside the impugned order dated 25.07.2026 (Annexure P-8) being unconstitutional, wrong and illegal, keepin in view the Annexure P-5 and Annexure P-7, in the interest of justice B. That this Hon’ble Court may further requested to issue the directions to respondents to restore the Elected Managing Committee of petitioner’s society by declaring the impugned proceedings contrary to the Section 37 and against the principles of natural justice; and conclude the departmental inquiry of respondent No.06 as per PACS Service Rules-2001 in time bound manner, in the interest of justice. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 C. That this Hon’ble Court may further requested to issue the directions to respondent No.01 and 02 to take appropriate action against the respondent No.03 to violate the statutory provisions deliberately and using its power arbitrarily under Section 37 of H.P. Cooperative Societies Act, 1968 as returned in impugned order dated 25.07.2026 and further the entire record of respondent No.03 may please be summoned unto this Hon’ble Court, so that it can be inferred as to how and in what manner the powers has been misused, just to give undue benefit to the respondent No.06.” 2. Noticing the contention of the petitioner, following order was passed in the matter on 05.08.2026:- “Notice at this stage is confined to respondents No. 1 to 5, which is waived by Mr. Sikandar Bhushan, learned Deputy Advocate General. Learned counsel for the petitioner submits that the impugned order under Section 37 of the Himachal Pradesh Cooperative Societies Act,1968 has been passed by the Assistant Registrar, Co- operative Societies, District Kullu, whereas there is no power with the said authority under the aforesaid Section for passing such order. Learned counsel further submits that the facts noticed by the Assistant Registrar Cooperative Societies, District Kullu at page 128 of the paper book (annexure P-8) regarding respondent No.6’s filing appeal against the suspension and charge-sheet are also incorrect; Respondent No.6 had not filed any appeal; He had only represented to respondent No.5; The suspension of respondent No.6 was not subject of any statutory proceedings before the respondents. Let learned Deputy Advocate General to have instructions in the matter. List on 07.08.2026.” 3. Pursuant to above, learned Deputy Advocate General has placed on record office instructions inter alia conveying that in terms of notification dated 25.10.1977 3 issued by the H.P. State Government, powers vested in Registrar under Section 37 in respect of primary co- operative societies were specifically conferred on the respective Assistant Registrar Co-operative Societies (ARCS) under Section 3(2) of the H.P. Co-operative Societies Act, 1968 (in short, the Act). Further by way of instructions dated 03.10.2016 on the subject of super- session of Board of Directors/ Managing Committee of cooperative institutions, it was clarified that the decision to constitute a Managing Committee for a Co-operative Society under Section 35(A) or to supersede an existing elected managing committee in the particular circumstances/ scenarios specified under Section 37 of the Act lies within the sole competence/ jurisdiction of the concerned Assistant Registrar, Co-operative Societies (ARCS) which power is to be exercised by the ARCS concerned independently without obtaining the prior approval of the Registrar, Co-operative Societies (RCS). An objection has also been taken that impugned order is subject to power under Section 93 of the Act. 4. At this stage, learned counsel for the petitioner sought permission to withdraw the writ petition with liberty to avail statutory remedy of an appeal provided 4 under Section 93 of the Act against the impugned order in accordance with law. Accordingly, this writ petition stands dismissed as withdrawn with liberty as prayed for. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua August 07, 2026 Judge yogesh