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Mota Singh, Etc. v. State Of Punjab, Etc.

Punjab & Haryana High Court
Dec 21, 1978
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Structured Summary of the Opinion (Full Bench) — Punjab Co-operative Societies Act, s.13(8)–(12)

Factual and Procedural Background

This Full Bench reference arises from four connected writ petitions challenging the constitutionality and legality of newly added sub-sections (8), (9), (10) and (12) of section 13 of the Punjab Co-operative Societies Act (Punjab Act No. 8 of 1978). The principal factual matrix is summarized from Civil Writ Petition No. 3992 of 1978.

In that petition 113 members of the Behbalpur Co-operative Agricultural Service Society (a registered co-operative society with about 360 members) challenged a proposed order (Annexure P-1) issued by the Assistant Registrar (exercising the powers of the Registrar) under the newly added sub-sections. The proposed order directed amalgamation of the Behbalpur Society with other named societies into the Thinda Co-operative Agricultural Service Society on the ground that the amalgamating societies were not financially or administratively viable. Similar orders had been passed for other societies and those aggrieved filed these writ petitions.

The petitioners principally challenged the constitutional validity of these added provisions under Articles 14 and 19 of the Constitution and raised subsidiary arguments about natural justice (service of notice and contents of the proposed order) and the jurisdiction of Assistant Registrars to make such orders. The Full Bench dismissed the writ petitions; parties were left to bear their own costs.

Legal Issues Presented

  1. Whether sub-sections (8) to (12) of section 13 of the Punjab Co-operative Societies Act (Punjab Act No. 8 of 1978) are constitutionally vulnerable to attack under Articles 14 and 19, or whether they are saved by Article 31A(1)(c) of the Constitution.
  2. Whether co-operative societies registered under the Act fall within the term "corporation" as used in Article 31A(1)(c) of the Constitution.
  3. If Article 31A(1)(c) is engaged, whether the statute must expressly state that the amalgamation is "in public interest" or "to secure proper management", or whether such purposes may be found by the Court from the statute as a whole.
  4. Whether the rules of natural justice require that notice of the proposed order of amalgamation be served on each individual member of the societies (in addition to the society and its creditors) under section 13(9).
  5. Whether the proposed order (Annexure P-1) must, as a requirement of natural justice, be accompanied by all material documents and detailed information regarding membership, assets, liabilities and other particulars of each society affected.
  6. Whether the Assistant Registrar had jurisdiction to issue the proposed order of amalgamation, or whether only the Registrar may exercise the powers under section 13(8)–(12) (i.e., the validity of exercise of power by subordinates under section 3 conferrals/notifications).

Arguments of the Parties

Appellant / Petitioners (summarized from the opinion; counsel: Mr. B.S. Khoji)

  • Primary constitutional attack: after the lifting of the Emergency petitioners may challenge the newly added provisions of section 13 (8)–(12) under Articles 14 and 19 (the petitioners did not press Article 31).
  • Article 31A(1)(c) should not protect the provisions because the statute does not expressly use the words "public interest" or "proper management"; the protection should be available only if so worded in the statute.
  • Rules of natural justice require that the proposed order be served not only on the society and creditors but also on every individual member of the affected societies; absence of such notices invalidates the proposed order.
  • The proposed order is defective because it did not contain or attach detailed particulars and material documents about membership, assets, liabilities, etc., which are necessary for members and creditors to form objections.
  • The Assistant Registrar acted without jurisdiction because the statute vests the power in the Registrar and any delegation to Assistant Registrars (by notification in 1963) could not cover powers conferred on the Registrar only subsequently; reliance placed on Kulwant Singh v. Deputy Registrar.
  • Factual contention (brief): the societies sought to be amalgamated were financially and administratively viable; petitioners should be permitted to challenge factual conclusions (but the opinion treats this as a matter for statutory objections process).

Respondent-State (summarized from the opinion; counsel: Mr. I.S. Tiwana)

  • Preliminary constitutional bar: by virtue of Article 31A(1)(c) the provisions for amalgamation of corporations are saved from challenge under Articles 14 and 19 where enacted in public interest or for proper management; the Punjab Act No. 8 of 1978 received Presidential assent, so Article 31A applies.
  • Co-operative societies are corporations (or fall within the meaning of "corporation") and the impugned law was enacted in the public interest and for proper management (aiding viability and flow of agricultural credit); therefore the constitutional challenge must fail.
  • Statutory notice requirement in section 13(9) limits notice to the society or societies and their creditors; a notice to the society is in substance notice to its members because societies have registered addresses and internal procedures to inform members; the statute also contemplates that the society will call a general body meeting for members to be informed.
  • The Legislature deliberately excluded individual members from the statutory notice requirement and provided other safeguards (right to object, right to withdraw share/deposits under s.13(11)), so natural justice cannot be invoked to override that legislative design.
  • Assistant Registrars validly exercise powers conferred by the Government under section 3 of the Act (a statutory conferment of powers), and such conferment is not a mere delegation that is frozen against subsequent statutory enlargements; thus Assistant Registrars had jurisdiction to act under the amended section 13.
  • Reliance on precedents where similar statutory schemes were upheld and on the legislative purpose (RBI viability programme, statement of objects and reasons). Respondent asserted that the authority exercised is administrative in nature (but the Court did not decide that issue).

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Amerheri Co-operative Agricultural Service Society v. State of Haryana and others, 1976 P.L.J. 302 Division Bench had held that natural justice required service of proposed amalgamation order on societies, their individual members and creditors; this led to quashing in that case (paras 15–16 of that report). The Court considered Amerheri authoritative on many points but expressly held that the specific observations in paragraphs 15 and 16 (requiring notice to individual members and annexing all material documents) were not sustainable and overruled those parts; overruling limited to those two issues only.
Board of Trustees, Ayurvedic & Unani Tibia College, Delhi v. State of Delhi, A.I.R. 1962 S.C. 458 Laid down the indicia of a "corporation" (lawful authority of incorporation; persons to be incorporated; name; place; words showing incorporation) — aids determination whether an entity is a corporation. The Court relied on this authority to conclude that a registered co-operative society, especially in light of s.30 of the Act, possesses the hallmarks of a corporation and therefore falls within Article 31A(1)(c).
Sant Sadhu Singh and others v. The State of Punjab and another, A.I.R. 1970 Punjab & Haryana 528 Held that co-operative societies are corporations. The Court cited and relied on this Division Bench decision (of which the judge was a party) to support the conclusion that co-operative societies are corporations for Article 31A purposes.
H. Puttappa and others v. The State of Karnataka and others, A.I.R. 1978 Karnataka 148 Full Bench upheld similar provisions; recognised cooperative movement as a welfare/public interest matter and sustained similar statutory provisions from Articles 14/19 attack. Used by the Court as supportive authority that analogous statutory provisions had been upheld; cited to reinforce that the Punjab amendments were enacted in public interest and for proper management.
Seethapathi Nageswara Rao and others v. The Government of A.P. and others, AIR 1978 A.P. 121 Full Bench similarly repelled challenges under Articles 14 and 19 to comparable amalgamation provisions. Cited as supporting authority for upholding similar statutory schemes; the Bench in that case did not address Article 31A(1)(c) issue and the present Court noted that distinction.
Govindpur Agricultural Credit Co-operative Society v. Assistant Registrar, Balasore Circle, AIR 1979 Orissa 148 Under the Orissa Act (which was silent as to notice) the Division Bench invoked natural justice and held the society (only) had a right to be heard; was the limited ratio available on hearing rights. The Court distinguished the Orissa case because its statute was silent about notice; held Amerheri misread Govindpur if taken to require notice to members or creditors; used Govindpur to show that where statute is silent the rules of natural justice may supply a hearing for the society.
Union of India v. J.N. Sinha and another, A.I.R. 1971 S.C. 40 Principle that rules of natural justice apply only where statute is silent and may be excluded by legislature expressly or by necessary implication. The Court relied on this principle to hold that the legislature's specification of notice recipients and mode in s.13(9) excludes expansion of natural justice requirements to individual members.
Kalikakumarsinhji Lagdhirji and others v. Saurashtra State, A.I.R. 1952 Saurashtra 114 Construction of Article 31A clause (a): statute need not literally state vesting in State; court may find effect from substance of provisions; supports that the statute need not use explicit words of "public interest". The Court relied on this Full Bench precedent to hold that Article 31A(1)(c) does not require the impugned statute to contain the precise words "public interest" or "proper management"; substance matters, not mere formulaic phrases.
Radheshyam Khare and another v. The State of Madhya Pradesh and others, AIR 1959 S.C. 107 Authoritative discussion on distinction between administrative and quasi-judicial functions. Cited by respondents to support administrative-character arguments; the Court noted the contention but expressly refrained from deciding whether exercise under s.13 is purely administrative or quasi-judicial.
Barium Chemicals Ltd. and another v. Company Law Board and others, AIR 1967 S.C. 295 Principle that when an authority's function is to be "satisfied", the function is primarily subjective and may exclude the principles of natural justice. Relied upon by respondents to argue exclusion of natural justice; the Court did not rule on this point because it determined natural justice was excluded by statutory intendment in any event.
Kulwant Singh v. The Deputy Registrar, Co-operative Societies, Rohtak, 1969 P.L.R. 1016 Single Bench decision holding that a prior notification delegating powers could not prospectively cover powers vested in the Registrar only at a later date (i.e., limits on delegation/conferment). The Court reviewed this decision, found its reasoning erroneous on the statutory text (s.3 conferral by Government) and overruled Kulwant Singh on the limited point concerning conferment vs. delegation.
Emperor v. Ravangouda Lingangouda Patil, A.I.R. 1944 Bom 259 Authority on delegation of powers under Defence of India Rules (context of prior delegation cases referred by Kulwant Singh). The Court distinguished this authority as inapplicable because the present case involves statutory conferment of powers by Government (s.3) and not delegation by the Registrar; used to reject Kulwant Singh's foundations.
Amarsingh Rajendra Singh v. State of Madhya Pradesh, A.I.R. 1965 M.P. 126 Another case on delegation under Defence rules cited in Kulwant Singh. Distinguished by the Court for the same reasons as Emperor; not followed for present statutory scheme.
National Sewing Thread Co. Ltd., Chidambaram v. James Chadwick & Bros Ltd., A.I.R. 1963 S.C. 357 Held that a power conferred by statute may be exercised from time to time and is not limited to jurisdiction existing at the time of conferral; supports that conferment can be exercised subsequently when occasion arises. The Court relied on this principle to support its conclusion that the Government's conferment under s.3 allows those conferred powers (e.g., Assistant Registrars) to exercise powers as occasion arises, and not be frozen by the date of the notification.
Shri Ram Singh and others v. Shri S.L. Kapur, I.A.S., Registrar, Co-operative Societies, Punjab and others, 1975 R.L.R. 303 Reference was made in that Division Bench to Kulwant Singh; it was argued that the Division Bench may have followed Kulwant Singh on the delegation/conferment point. The Court noted that if that decision can be read as affirming Kulwant Singh, it would be overruled to the limited extent of the point discussed (conferment vs. delegation).

Court's Reasoning and Analysis

The Court's analysis proceeded in a logical sequence: constitutional threshold, statutory construction, rules of natural justice and jurisdictional conferrals.

1. Article 31A(1)(c) and the constitutional challenge

  • The Court first observed that the impugned Punjab Act No. 8 of 1978 had received Presidential assent and therefore satisfied Article 31A(1)'s proviso.
  • It analysed whether co-operative societies are "corporations" for Article 31A(1)(c). On principle and by statute (section 30 of the Punjab Act stating co-operative societies are bodies corporate with perpetual succession, common seal, power to hold property and enter contracts) and by relying on authoritative decisions (Board of Trustees; Sant Sadhu Singh), the Court concluded co-operative societies fall squarely within "corporation".
  • Next it examined whether the amending provisions provide for amalgamation "either in the public interest or in order to secure the proper management" (the two alternatives in Article 31A(1)(c)). The Court rejected a hyper-technical argument that the statute must literally use the words "public interest" or "proper management". Relying on Kalikakumarsinhji and on the statute's statement of objects and reasons and the Government's return (which pointed to RBI's viability programme, large numbers of dormant societies and the need to improve agricultural credit flow), the Court concluded that the substantive purpose of the amendments was public interest and securing proper management.
  • Accordingly, the Court held the amendments fall within Article 31A(1)(c) and are protected from challenge under Articles 14 and 19.

2. Natural justice — notice to members and content of proposed order

  • The Court emphasised the principle that rules of natural justice are not embodied rules and operate only where a statute is silent; a legislature can exclude them expressly or by necessary implication (relying on Union of India v. J.N. Sinha).
  • Section 13(9) was read: the statute prescribes the persons to be served (the society or societies and the creditors) and the mode (certificate of posting) and prescribes a time for objections. The Court found the statute deliberately omitted service on individual members while still providing members with a right to object (s.13(9)(b)) and a right to withdraw shares/deposits (s.13(11)).
  • The Court reasoned that the Punjab Legislature was aware of the Amerheri decision but chose to require notice to societies and creditors only — by implication excluding individual members — and that courts must respect this legislative choice. To read in a requirement of personal service to thousands of individual members would be to add words to the statute and to impose impracticable burdens (ab inconvenienti) that frustrate the statutory objective of speedy reorganisation.
  • On the content of the proposed order: the Court held that section 13(8) provides for the content of the proposed order (representation on committee, property, rights, interests, liabilities, duties etc.) and section 13(9) prescribes that a copy of the proposed order be sent. The Court declined to import an inflexible requirement that all material documents be attached and individually served; such procedural and detailed obligations are for the Legislature or administrative practice and cannot be read in as mandatory by judicial construction where the statute prescribes the form and mode of notice.
  • For these reasons the Court overruled the specific portions of Amerheri (paras 15 and 16) that required personal service on individual members and the annexation of all material documents; the overruling was expressly limited to those two issues.

3. Jurisdiction of Assistant Registrars to make amalgamation orders

  • The petitioners relied on Kulwant Singh to argue the notification delegating Registrar's powers to Assistant Registrars could not prospectively cover powers conferred on the Registrar later by statute. The Court analysed section 3 of the Punjab Act, which empowers the Government to appoint various functionaries and to "by general or special order confer on any person appointed under sub-section (2) all or any of the powers of the Registrar under this Act".
  • The Court concluded that this statutory provision is a power of conferment by the Government (not a mere delegation by the Registrar) and therefore the Government's notifications conferring Registrar-like powers on Assistant Registrars are statutory conferrals which may be exercised "from time to time" as occasion arises (supported by National Sewing Thread Co. Ltd. v. James Chadwick). Consequently, the Assistant Registrars were competent to exercise the powers under section 13(8)–(12).
  • The Court found Kulwant Singh to have proceeded upon an erroneous premise (treating the matter as delegation rather than conferment) and overruled Kulwant Singh on that limited point.

4. Residual and procedural observations

  • Because the Court found Article 31A(1)(c) protection applicable, it did not permit the petitioners to pursue their constitutional attack under Articles 14 and 19 further and instead addressed the subsidiary statutory and procedural issues.
  • On factual complaints about viability, the Court observed that petitioners must use the statutory mechanism (file objections within the prescribed period) because the statute contemplates consideration of objections and possible modification by the Registrar under s.13(10).
  • The Court reserved any decision on whether the Registrar's function is purely administrative or quasi‑judicial (declined to enter that controversy) because it was unnecessary to decide in view of its other findings.

Holding and Implications

Holding: The Full Bench reached the following core conclusions:

  • The added sub-sections (8) to (12) of section 13 of the Punjab Co-operative Societies Act are within the protection of Article 31A(1)(c) of the Constitution of India and are therefore not open to challenge under Articles 14 and 19 on that basis.
  • The rules of natural justice do not require personal service of the proposed order on each individual member of the societies; service on the society (and creditors) in the manner prescribed by section 13(9) is consistent with the statute and legislative intent.
  • The statute does not mandatorily require that copies of all material documents be annexed to the proposed order and served on each society member or creditor; the Legislature has prescribed the content and mode of notice and the authority to provide access to materials lies within administrative practice and the statute's safeguards.
  • Assistant Registrars are competent to exercise the powers conferred under section 3 by Government order to perform the functions under section 13(8)–(12); the prior decision in Kulwant Singh is overruled on this limited point.
  • Consequently, all the writ petitions were dismissed; parties were left to bear their own costs.

Implications (as stated or necessarily confined to the opinion):

  • Direct effect on the parties: the proposed and similar amalgamation orders remain validly issued in form and process under the statute and the constitutional challenge under Articles 14 and 19 is repelled; petitioners retain their statutory remedy to file objections under section 13(9) and to utilize the statutory mechanisms (including s.13(10) and s.13(11)) to press factual contentions.
  • Precedential effect explicitly stated by the Court: the Court overruled the specific portions of the Amerheri Division Bench judgment (paragraphs 15 and 16) insofar as they required service on individual members and the annexation of all material documents. The overruling was limited to those two issues; other aspects of Amerheri not before the Court were left undisturbed.
  • The Court also overruled Kulwant Singh on the limited legal point concerning conferment of powers by the Government under s.3 (conferment ≠ delegation frozen to the date of notification).
  • The opinion emphasises deference to legislative design where the statute prescribes notice, mode and remedies; it restricts reading in additional natural justice requirements where the statute provides for specific procedures and safeguards.

Disposition: Petitions dismissed. Parties to bear their own costs.

Show all summary ...

S.S. Sandhawalia, J. - A challenge to the constitutionality of the power of compulsory amalgamation of societies vested in the Registrar of Co- operative Societies recently by sub-sections (8), (9), (10) and (12) of section 13 of the Punjab Co-operative Societies Act (by Punjab Act No. 8 of 1978) has necessitated this reference to the Full Bench in this set of four connected writ petitions. 2. As is manifest, the aforesaid issue as also some ancillary ones to which reference would follow hereinafter are pristinely legal and, therefore, a brief reference to the facts in Civil Writ Petition No. 3992 of 1978 would suffice. The 113 writ petitioners therein claim to be the members of the Behbalpur Co-operative Agricultural Service Society which is duly registered under the Punjab Co-operative Societies Act and is averred to have in all about 360 members. It is the claim of the petitioners that the Society aforesaid has a sound financial position and was, therefore, both administratively and financially viable and able to provide the essential services to its members. However, after the recent additions of sub-sections (8) to (12) of section 13 of the Punjab Co-operative Societies Act, the Assistant Registrar of Co-operative Societies, exercising the powers of the Registrar had passed the impugned proposed order, Annexure P.1, under the aforesaid provisions, directing the amalgamation of the Behbalpur Co-operative Agricultural Service Society along with the Kot Fatuhi Co-operative Agricultural Service Society and the Kotla Co-operative Agricultural Service Societe Limited with the principal Society of the Thinda Co-operative Agricultural Service Society. It has been stated in the aforesaid impugned order that the Assistant Registrar after due consideration of the financial position and working condition of the aforesaid societies had come to the conclusion that they were not financially or administratively viable units and had failed to provide essential services to their members and, therefore, it would be in the interest of the amalgamating societies to amalgamate with the principal society, so that the latter can function thereafter as a sound viable financial and administrative unit. After specifying the conditions in the proposed order, a notice had been served on the amalgamating societies and the principal society as also their creditors that if any society or anyone of their members or any creditor of such society or societies has objection to such amalgamation, they may file the same before him before the 16th of September, 1978. Similar if not identical orders have been passed by the respective Assistant Registrars with regard to the other co-operative societies and aggrieved thereby, the petitioners have preferred these writ petitions. 3. Ere I come to the material provisions of sub-sections (8) to (12) of section 13, which are under challenge, it is necessary to recall, albeit briefly, the legislative history preceding their enactment. Section 13 deals with the amalgamation, transfer of assets and liabilities, and division of co-operative societies. Sub-sections (1) to (7), which already existed on the Statute Book, provided for a voluntary amalgamation or division of co- operative societies conditional on the passing of a resolution by the two- third majority of the members present and voting subject to the previous approval of the Registrar. The necessary procedural details for effecting such voluntary amalgamation or division of co-operative societies were spelled out in sub-sections (1) to (7) of section 13, it may be highlighted that the Punjab Co-operative Societies Act, 1961, continues to be in force in fact in both the States of Punjab and Haryana. By the Haryana Act No. 13 of 1971, sub-sections (8) to (12) were added to section 13 as applicable to Haryana providing for what may be conveniently called the compulsory amalgamation or division of the societies on the satisfaction of the Registrar. It is not disputed at the bar that the aforesaid provisions thereby vesting the power of amalgamation in the Registrar, if not in pari materia with the provisions of the Punjab Act No. 8 of 1978, which are under challenge are at least very intimately analogous thereto. The Haryana amendment was made the subject- matter of challenge during the continuance of the emergency and the limited constitutional challenge that was then available in view of the suspension of the fundamental rights under Articles 14 and 19 of the Constitutional was repelled by the Division Bench in The Amerheri Co-operative Agricultural Service Society, Amerheri and another v. The State of Haryana and others, 1976 P.L.J. 302 : 1984 R.R.R. 331. 4. Mr. B.S. Khoji, the learned counsel for the petitioners, in all these writ petitions has laid no challenge to the correctness of the said judgment and indeed has placed substantial reliance thereon. The primary contention in this context raised by him is that after the lifting of the emergency he is now entitled to challenge the analogous, if not identical, provisions of sub- sections (8) to (12) added to section 13 by the Punjab Act No. 8 of 1978 on the basis of Articles 14, 19 and 31 of the Constitution of India. Counsel was, however, fair enough to concede forthwith that he was unable to press any attack on the basis of Article 31 and wished to confine his argument resting on Article 14 and 19 of the Constitution only. 5. On behalf of the respondent-State of Punjab, Mr. I.S. Tiwana, the learned Additional Advocate General, Punjab, has at the very threshold raised the objection that by virtue of Article 31A(1)(c), no challenge under Articles 14 and 19 of the Constitutional is now permissible to the provisions of sub- sections (8) to (12) of section 13 of the Punjab Co-operative Societies Act, as amended. It has been forcefully contended that co-operative societies were clearly and squarely within the ambit of the word `corporation' as used in the aforesaid article and further that there was no manner of doubt that the law under challenge was patently in public interest and equally for the proper management of the co-operative societies. 6. I take the view that the challenge on behalf of the petitioners on the basis of Articles 14 and 19 must founder against the aforesaid preliminary objection. It is, therefore, necessary to read the material portions of Article 31-A of the Constitution :- "31-A. Saving of laws providing for acquisition of estates, etc. - (1) Notwithstanding anything contained in Article 13, no law providing for - (a) and (b) x x x x x x (c) the amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporations, or (d) and (e) x x x x x x shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by Article 14, Article 19 or Article 31: Provided that where such law is a law made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent :- Provided further x x x x x (2) x x x x x x" 7. At the very outset it may be noticed that this is not in dispute that Punjab Act No. 8 of 1978 has received the assent of the President and, therefore, satisfied the conditions laid down by the first proviso to Article 31A(1). Now it is plain that as far as the bar to the challenge to the constitutionality of the impugned provisions under Articles 14 and 19 is concerned, the first material question is whether the co-operative societies registered under the Act are covered by the word `corporation' as used in clause (c) of Article 31A(1). Apart from authority, it appears plain to me on principle also that a co-operative society which undoubtedly has been clothed with legal personality must squarely fall within the term `corporation' as used in Article 31-A. It is undisputed that the word `corporation' has neither been defined in the Constitution nor has it so been defined in the Punjab Co-operative Societies Act. Its generic or ordinary dictionary meaning has, therefore, to be taken into account. On that premises alone, a co- operative society registered under the Act would be well covered by the terminology used in Article 31A(1)(c). However, particular reference in this connection is called for to section 30 of the Punjab Co-operative Societies Act, which is in the following words:- "Co-operative societies to be bodies corporate. - The registration of a co-operative society shall render it a body corporate by the name under which it is registered having perpetual succession and a common seal, and with power to hold property, enter into contract, institute and defend suits and other legal proceedings and to do all things for the purposes for which it is constituted." It should be obvious from the above that the provisions of this section clothes a co-operative society registered under the Act with all the hall- marks of corporate personality. In terms of the statute, a co-operative society is a body corporate having perpetual succession and a common seal along with the power to hold property and to enter into contracts. These in essence are the indicia of the corporation and it would follow a fortiori that a co-operative society duly registered would come squarely within the ambit of this term. 8. Principle apart, their Lordships in Board of Trustees, Ayurvedic and Unani Tibia College, Delhi v. State of Delhi (Now Delhi Administration) and another, A.I.R 1962 SC. 458 in paragraph 9 of the report adverted to the question whether an association of individuals would, in the legal sense of the word become a Corporation, and laid down what in essence are the indicia of a Corporation in the following terms :- "There is authority of long standing for saying that the essence of a corporation consists in (1) lawful authority of incorporation, (2) the persons to be incorporated, (3) a name by which the persons are incorporated, (4) a place, and (5) words sufficient in law to show incorporation. No particular words are necessary for the creation of a corporation; any expression showing an intention to incorporate will be sufficient." 9. In view of the above I believe it would be wasteful to elaborate because it appears to me that a co-operative society duly registered satisfies each of the essential tests authoritatively laid. Equally relevant it is to note that a Division Bench judgment of this Court in Sant Sadhu Singh and others v. The State of Punjab and another, A.I.R. 1970 Punjab and Haryana 528, to which I was a party has unreservedly held that co-operative societies are corporations. Mr. Khoji had vainly attempted to contend that this finding was arrived at on the basis of a concession and, therefore, was not entitled to any great weight. I am unable to agree because a perusal of the judgment would show that the Bench apart from arriving at the conclusion on its own had noticed that the concession was plainly based on the observations in Board of Trustees' case (supra) and indeed the matter appeared to be so plaint that it was consequently not seriously contested before the Bench. 10. In fairness to Mr. Khoji, I may notice that he attempted to rely on entry 43 of the Union List of the Seventh Schedule of the Constitution for raising a finical argument that a co-operative society must not be deemed as a body corporate. Entry 43 in the following terms :- "Incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporations but not including co- operative societies." The aforesaid entry, far from in any way advancing the argument of Mr. Khoji, appears to me on the other hand as buttressing the stand taken on behalf of the respondent-State. It has been rightly pointed out on its behalf that the entry in fact would indicate that co-operative societies were clearly being treated as a species of the larger genus of corporations and had to be expressly excluded out of the ambit by so providing in the entry. 11. In view of the above, I am firmly of the view that co-operative societies registered under the Act would come clearly within the concept of a `corporation' generally and in particular as the term has been used in Article 31A(1)(c). 12. Once the aforesaid finding is arrived at, the only other prerequisite for invoking the bar under Article 31A(1)(c) would be whether the impugned sub- sections (8) to (12) of section 13 provide for the amalgamation of the co- operative societies either in public interest or in order to secure their proper management. At the very outset it may be highlighted that these conditions are in the alternative and if either one of them is satisfied, then the impugned provisions would come within the protection of Article 31A and would be beyond the pale of any challenge under Articles 14 and 19. Indeed Mr. Khoji did not controvert the proposition that the conditions of public interest or proper management may exist in the alternative. 13. In the aforesaid context, learned counsel for the petitioners had launched his challenge rather on a high note by contending that because sub- sections (8) to (12) of section 13 do not specifically use the words "public interest of proper management" of co-operative societies, therefore, per se the protection of Article 31-A could to be afforded to such legislation. Carried to its logical length, the argument was that unless the impugned legislation in terms uses the words "public interest" or "proper management of the corporation", the protection of Article 31A would never become available to such a statute. 14. I am unable to agree and to adopt so doctrinaire and so hyper- technical a construction as has been canvassed on behalf of the petitioners. No authority could be cited before us for any such proposition and Mr. Khoji even when pressed very fairly conceded that he could cite no judgment in support of his contention. Nor does this line of reasoning commend itself to me on principle. Reading of Article 31A would show that what is contemplated therein is that the law providing for the amalgamation of corporation should be in public interest or for the proper management of corporation and not merely that as a formula the impugned legislation should say so. I take the view that on principle it would be for the Court to find and assess on the larger perspective of the legislation whether it directs the amalgamation of the corporations in public interest, or is aimed towards the better management of a corporation or corporations. What the constitutional mandate appears to require is a finding by the Court to that effect and not merely a declaration to this effect incorporated in the Act itself. The kind of construction which is sought to be placed by Mr. Khoji thereon would tend to reduce the meaningful requirements of clause (c) of Article 31A(1) to one of a mere mechanical formula which should be necessarily repeated in the statute. To put it pithily what Article 31A visualizes is a law which in substance provides for amalgamation in public interest or proper management and not merely a law mechanically declaring it to be so. I am clearly of the view that Article 31A(1)(c) does not envisage any prerequisite that the impugned legislation must in specific terms declared or repeat that the amalgamation is in public interest or for proper management. 15. I am more than amply fortified in the view I take by the Full Bench judgment in Kalikakumarsinhji Lagdhirji and others v. Saurashtra State, A.I.R. 1952 Saurashtra 114, where Shah, CJ, speaking for the Bench and construing clause (a) of Article 31A observed as follows :- "Mr. Shah's first contention is that the impugned Act does not fall within the scope of Article 31A because it does not provide for an acquisition by the State of any estate or of rights therein and that in any event it does not provide for the acquisition by the State. As to the first part of this contention, it is argued that the Act must provide expressly in some section or the other for the vesting of the Estate or the rights therein in the State and that inasmuch as the impugned Act did not contain any express provision of this kind, the Act was bad. Reference was made to Section 5 of the Saurashtra Barkhali Abolition Act, 1951, (XXVI of 1951), which says that on the commencement of the said Act, all rights, title and interest of all the Barkhalidars in Barkhali lanis shall cease and be vested in the State free from all encumbrances, subject to the provisions of this Act, and it was argued that the impugned Act does not contain a similar provision regarding vesting in the State. However, the provision in the Bakhali Abolition Act was necessary because the Act itself provided for the abolition forthwith of the Barkhali tenure altogether. Quite apart from it, it is in our opinion, not necessary that the impugned Act must expressly state that the Estate or the rights therein acquired under the Act vest in the State, and it will be sufficient if the provisions of the Act themselves show that the acquisition was by the State. In so far as Article 31A speaks of the extinguishment of the rights, the Act does specifically provide for the extinguishment of the Girasdars' rights in their estate." I would, therefore, conclude that it is not a prerequisite of Article 31A(1)(c) that the impugned statute must itself declare in terms that the amalgamation of the corporation is either in public interest or in order to secure the proper management thereof. 16. Descending to a lower plank, Mr. Khoji had then contended that if his abstruse argument that the words "public interest" or "proper management" must form part of the statute is unsustainable, then in the alternative it must be firmly and irrevocably established that the challenged law satisfies either of the two contentions. Indeed it may be noticed that ultimately Mr. Khoji had very fairly conceded that in the absence of any express prescription, the requisites of public interest or proper management of the corporation can also be impliedly read into the statute. However, he contended that in the present case nothing warranted any implied finding that the provisions for the purposes of amalgamation of societies in section 13(8) to (12) were either in public interest or were necessarily directed towards the proper management of the co-operative societies. 17. I am wholly unable to agree. The history of the co-operative movement and its principles in Europe and in particular in India as also its altruistic objects are too well known and it is unnecessary to launch an elaborate dissertation on the point. It would perhaps suffice to mention that the learned Judges of the Full Bench in H. Puttappa and others v. The State of Karnataka and others, A.I.R. 1978 Karnataka 148, after adverting to this aspect and noticing that in India co-operative movement was initiated by the Government and since its inception has been largely nurtured and guided by the Government concluded as follows :- "It, however, remained as a welfare movement aiming at the betterment of the poor man's lot. Its principles, according to us, are no more than the rules of business varying from time to time by statutory enactments keeping, of course, undisturbed the democratic structure of the organisation." It is thus plain that in a country so poverty ridden as ours, a democratic voluntary and Government guided movement aimed at alleviating the poor man's lot is certainly a matter of public interest. 18. Adverting now from the general and lager principles of the co- operative movement to the particular situation existing in the State of Punjab with which the Legislature was faced and the mischief which section 13(8) to (12) were directed to remedy, they cannot be better highlighted than in the averments made by the respondent-State in its return in the peculiar context of the existing co-operative societies in the State of Punjab which by and large become static and more or less moribund :- "However, it may be pointed out that reorganisation of co-operative societies is a national programme and is being taken at the instance of the Reserve Bank of India. The Amending Act is a piece of social legislation introduced with the purpose of streamlining co-operative ventures and to implement the National Programme of making the co-operative credit structure viable. It is in the interest of co-operative movement and public generally. It may be mentioned here that there are approximately 11000 Co-operative Agricultural Service Societies in the State of Punjab a majority of which are dormant or non-viable and are not functioning. The agriculturist members of these dormant societies are not able to avail of the agricultural credit provided by the Reserve Bank of India, through Co-operative Central Banks, as these dormant and non-viable societies are not eligible for the loans required by their members due to their unsatisfactory functioning. These societies have been providing to be bottle necks in the free flow of agricultural credit from the Reserve Bank of India to the agriculturist. This aspect has been engaging the attention of the Reserve Bank of India and also the Government at the Centre and the States for a considerable time. To meet with this difficulty, it was decided that the viability programme should be introduced with a view to make the primary co-operative agricultural service societies viable to meet the vast expansion of credit to support the intensive agricultural programme and also to enable them to take up marketing, distribution and other activities. This decision was taken in the interest of the general public. It is pursuant to the recommendations made by the Reserve Bank of India that act no. 8 of 1978 has been enacted adding sub-sections (8) to (12) to section 13 of the Act. The purpose is to improve agricultural credit through Co-operative Agricultural Service Societies and thus help the intensive agricultural programme. The provisions added by the Amending Act can neither be called discriminatory or unreasonable and are not hit by Article 14 or 19 of the Constitution of India. The provisions, on the other hand, have been added in the interest of the general public and as pointed out in preliminary objection No. 1 they are saved by Article 31A(1)(c) of the Constitution of India." (Emphasis supplied) 19. If any doubt yet lingers and indeed there can be hardly any, then one may further turn to the relevant part of the statement of objects and reasons attached to the Bill which culminated in the Amending Punjab Act No. 8 of 1978 :- "The proposed amendment of section 13 of the Punjab Co-operative Societies Act 1961, is to reorganise the primary co-operative societies to make them financially and administratively viable. Such viable societies will be in a position to employ required number of whole-time employees; and will offer better facilities and services to the farmers. In due course, these societies will be in a position to undertake extension work also in addition to disbursement of credit and distribution of agricultural inputs and essential commodities. amendment of section 14 is only consequential." 20. Adverting now to the actual language of sub-section (8), it may be noticed that the Registrar is not clothed with any arbitrary power to amalgamate one or more co-operative societies. As the very opening lines of sub-section (8) would indicate the prerequisite is that he should be satisfied that it is necessary in the interest of the co-operative society or co- operative societies which are to be amalgamated. It is, therefore, plain that the statute itself highlights the better interest and welfare of the corporate bodies as a prerequisite for initiating action under section 13(8). 21. Considering all the aforesaid factors and taking on overall view it appears to me that both public interest and the proper and better management of the co-operative societies are writ large as the underlying object of the amending provisions. 22. I hold, therefore, that the added sub-sections (8) to (12) of section 13 come squarely within the protection of Article 31A(1)(c) of the Constitution of India. Being thus shielded against all attack on the basis of Articles 14, 19 or 31, the challenge to their constitutionality under the aforesaid Articles must therefore be repelled at the very threshold. In this view of the matter we had deemed it wasteful to allow Mr. Khoji to elaborate the nature or content of his challenge under Articles 14, 19 or 31. 23. I must, however, notice that on behalf of the respondents two recent Full Bench judgments reported as H. Pattappa and others v. The State of Karnataka and others, A.I.R. 1978 Karnataka 148 and Seethapathi Nageswara Rao and others v. The Government of A.P. and others, AIR 1978 A.P. 121, were cited wherein even the challenge under Articles 14 and 19 against similar though not identical provisions for the amalgamation of the co-operative societies has been repelled. In view of this in Seethapathi Nageswara Rao's case (supra), the Bench did not choose to go into the question of the protection under Article 31A(1)(c) and apparently this point either did not arise or was not raised in H. Puttappa's case (supra). However, in fairness to Mr. Khoji, the learned counsel for the petitioners, we must notice that he had contended that Article 3-A(1)(c) could protect only amalgamation and not the division of the co-operative societies. However, as the present set of cases admittedly pertain to amalgamation, the point aforesaid does not at all arise for our consideration. I would, therefore, scrupulously exclude it from the arena of adjudication. 24. The constitutional challenge being now out of the way, the deck is cleared for the examination of a three-fold argument raised on merits by Mr. Khoji. He first assailed the proposed order of amalgamation (Annexure P-1) duly served upon the Society and its creditors, whereby objections were invited from the Society, its creditors or members with regard to the proposed amalgamation, in accordance with the stature and within the prescribed period of time. The primary ground of attack here was that by virtue of the proposed order (and the final order which may subsequently come to be passed in its wake) the petitioner-members of the Society were individually affected adversely in so far as the Society to which they belong was likely to lose not only its identity but also its existence as a legal entity by being merged in or amalgamated with the principal Society. It was contended that the process here being at least quasi-judicial and the interests of the members being vitally affected, the rules of natural justice must necessarily be read into the statute generally and under Section 13(9) in particular so as to require a notice of the proposed order not only to the Society and its creditors but to its members as well. On these premises, it was argued that admittedly no notice having been served on the individual members of the Society, the proposed amalgamation should be quashed as being in flagrant violation of the principles of natural justice. 25. Now, the primary reliance for the aforesaid contention has been placed on the Amerheri Co-operative Agricultural Service Society's case (supra) and it must clearly be admitted that the judgment undoubtedly lends weight to this contention and indeed one of the factors necessitating this reference to the Full Bench was the forceful challenge to the correctness of the view expressed therein. The observations relevant on this point appear in paragraph 15 of the report wherein the learned Judges, whilst construing the analogous provisions of the Haryana Amendment which had provided only for the service of the proposed notice on the Society, had nevertheless held that the rules of natural justice require that both the members of the Society and its creditors individually were entitled to be served with a copy of the proposed order in order to enable them to raise objections within the time prescribed by law. This was one of the primary reasons for which the writ petition in the said case was allowed. With great respect to the learned Judges of the Division Bench, I am unable to see eye to eye with them on this rather significant issue. 26. Since the argument here must necessarily revolve around the statutory provisions inserted by Punjab Act No. 8 of 1978, it is necessary to read the relevant provisions of section 13 of the Punjab Co-operative Societies Act, 1961 :- "(8) Where the Registrar is satisfied that it is necessary in the interest of the co-operative society or co-operative societies that - (i) any co-operative society be divided to from two or more co- operative societies; or (ii) one or more co-operative societies be amalgamated with any other co- operative society; or (iii) two or more co-operative societies be amalgamated to form a new co- operative society, then, notwithstanding anything hereinbefore contained, the Registrar may, after consulting the financing institution, if any, provide for - (a) the division of that co-operative society into two or more co- operative societies; or (b) the amalgamation of the society or societies - (i) with any other co-operative society, or (ii) to form a new co-operative society, with such constitution including representation on the committee, properly rights, interests, liabilities, duties and obligations as may be specified in the order. (9) No order shall be made under sub-section (8) unless - (a) a copy of the proposed order has been sent under certificate of posting to the society or societies concerned and the creditors; (b) the Registrar has considered the objections received from the society or societies concerned or from any member or creditor of such society or societies within such period, being not less than fifteen days from the date of posting of the proposed order, as may be specified by the Registrar in this behalf in the proposed order. (10) The Registrar may, after considering the objections referred to in sub- section (9), make such modification in the proposed order as he may deem fit and the order may contain such incidental, consequential and supplemental provisions as the Registrar may deem necessary to give effect to the same. (11) A member or creditor who had objected to the proposed order under sub section 9 shall have the option of withdrawing his share, deposits or loans, as the case may be, on an application which shall be made to the society to which his share, deposit or loan stands allocated by virtue of the order under sub-section (8), within a period of thirty days of the date of such order. (12) Save as provided in sub-section (11), the order passed by the Registrar under sub-section (8) shall be final and where such an order involves the transfer of any assets and liabilities the same shall, notwithstanding anything contained in any law for the time being in force, be a sufficient conveyance to vest the assets and liabilities in the society in which these are vested under that order, without any further assurance." 27. At the very outset, it deserves to be highlighted that the rules of natural justice are not embodied rules. They cannot be raised to the pedestal of either constitutional or fundamental rights so as to override the mandate of the Legislature whether express or by necessary intendment. These rules can operate only in areas not covered by a law validly made and cannot supplant the law. Equally well settled it is that the Legislature can exclude the rules of natural justice either expressly or by necessary implication. It has, therefore, been rightly said that these rules come in only in areas where the mandate of the Legislature is otherwise silent. Therefore, if a statutory provision, either specifically or otherwise, excludes the application of any or all the principles of natural justice, there would be no warrant for a Court to ignore the statutory mandate and nevertheless thrust the rules of the natural justice into the concerned provision. See paragraph 7 of the report in Union of India v. J.N. Sinha and another, A.I.R. 1971 S.C. 40. 28. Construing the provisions of the section 13(8) to (12) in the light of the aforesaid cardinal principle, it appears to be evident that the Legislature when enacting the same was itself more than amply conscious of the rules of natural justice and the requirement or necessity of notice to the parties affected by the order of amalgamation. Section 13, sub-section (9), expressly laid down that no order of amalgamation under the preceding sub- section would be passed unless a copy of the proposed order had been duly despatched under certificate of posting to the society or societies concerned as also the creditors thereof. The Legislature in its wisdom, therefore, had specified both the nature and the content of the notice, the parties which in its view were necessarily to be informed thereof and even the mode in which the notice was to be sent. 29. It is then to be borne in mind that so far as the present amending legislation in the Punjab is concerned in this very statute, namely, the Punjab Co-operative Societies Act, the sister State of Haryana had already affected an amendment of section 13 thereof more than seven years earlier by the haryana act no. 13 of 1971. It would bear repetition that section 13, sub-sections (8) to (12), as applicable in Haryana are intimately analogous if not identical to the provision which falls for construction herein. Section 13, sub-section (9) as applicable in Haryana had expressly provided for the service of a copy of the proposed order on the society or societies concerned and to no one else. The Punjab Legislature apparently aware of the provisions and perhaps borrowing the same extended the ambit of the notice from a society or the societies concerned to their creditors as well. The Legislature in its wisdom, however, did not deem it necessary to provide for a notice to the members as well and by necessary implication had designedly excluded them from its ambit. 30. It is not as if the Legislature was oblivious of the rights of the members of the societies altogether. Section 13, sub-section (9), clause (b), in terms visualises objections being received from any member of the society or societies concerned within a specified period. Section 13, sub-section (11), equally conferred a right on a member or a creditor who had objected to the proposed order under the aforesaid provisions to exercise its option of withdrawing of his share of deposits or loans, as the case may be, within a period of thirty days of the order of amalgamation. It is plain, therefore, that the Legislature was more than amply alive to the rights of the members, the impact of the order of amalgamation thereon but in the self same provisions it designedly excluded any notice or the service of a copy of the proposed order of amalgamation being sent to each individual member of every society. The intent of the Legislature therefore, in this context appears to me plaint and manifest. Therefore, for good and valid reasons, they had excluded each individual member of the societies concerned from the requirement of notice to them. 31. It may equally be kept in mind that the judgment of the Division Bench in Amerheri Co-operative Agricultural Service Society's case was pronounced two years prior to the present enactment and it is a well known canon of construction that as a matter of law the Legislature is presumed to know the previous state of the law and the authoritative construction placed thereupon by the Courts. In that judgment it had been held that the rules of natural justice require that both the members and the creditors were also entitled to be served with a copy of the proposed order. Nevertheless, the Legislature in its wisdom when adding sub-section (9) to section 13 of the statute designedly included the societies as such and their creditors but made no mention of the necessity of any notice or the service of the proposed order on individual members. The inevitable inference would, therefore, be that whilst extending the scope of the service of the proposed order on societies alone (as existing in the State of Haryana), the Punjab Legislature in its wisdom included within its ambit the category of creditors only and by necessary implication excluded therefrom the class of individual members of all the societies. 32. Reference in this context may instructively be made to the preceding section 12 of the Act. This provides for the change of liability and sub- section (2) thereof in terms lays down that when a co-operative society has passed a resolution to change the form or extent of its liability, it shall forthwith give notice thereof in writing to all its members and creditors. It is plain from this that in the very preceding section the Legislature has expressly provided for notice to all the members of the society in a particular context. To reiterate, therefore, the Legislature seems to be fully aware of the necessity or the requirement of notice to individual members and when in the following section 13, it did not choose to include the individual members for the purpose of notice, the inevitable inference would be that it intended to exclude them. 33. Now in the light of the totality of circumstances aforesaid, can one claim to be wiser than the Legislature to hold that though fully alive to the rights of the members in this context, it had not deemed it necessary to provide for notice to them yet by a process of interpretation, the members should be put at par with the societies and the creditors to whom expressly the Legislature had provided the requisite notice by way of the service of a proposed order ? Can the rules of natural justice be stretched thus far so as to override the clear though implied intendment of the Legislature and, in fact, to legislate in the garb of construction ? To say that notice of the proposed order or something analogous to it must be also served on the members of each society in the face of their patent exclusion, would be virtually amending sub-section (9) and adding thereto in order to read it as follows :- "Section 13(9) :- No order shall be made under sub-section (8), unless - (a) a copy of the proposed order has been sent under certificate of posting to the society concerned and the creditors; and the individual members of each of the society or societies concerned." 34. In my humble view, it would be unwarranted to make such an addition in the existing section 13(9), and, to put it in a homely phrase, this would amount to putting words in the mouth of the Legislature. 35. Again the reasons which seem to have rightly impelled the Legislature in excluding the members, from all those entitled to notice before the final order of amalgamation is passed appear to be legion and are not far to seek. The first one which comes to mind is the argument ab inconvenienti if such a requirement were to be imposed. For a moment, keeping to the case in hand, the petitioners belong to the Behbalpur Co-operative Agricultural Society which is averred to have 360 members itself. This society as also the Kot Fatuhi Agricultural Service Society and the Kotla Co-operative Agricultural Society are to be amalgamated with the Thinda Co-operative Agricultural Service Society. Even in the present case, if the requirement of the service of a copy of the proposed order on each individual member is to be made mandatory, then perhaps more than a thousand to two thousand individual members must necessarily be intimated at the very threshold before the order of amalgamation can be finalised. The number of the members of an individual society is not limited and it was stated at the bar that there are big co- operative societies whose membership would be individually more than a thousand. In the context of such societies, a requirement that each individual member must be served with a notice would involve the statutory obligation to inform thousands of person before effect or finality could be given to an order of amalgamation. It is well settled that a violation of the principles of natural justice would vitiate a proceeding or the action taken. Therefore, even the failure to serve one individual member or a set of individual members would invalidate and order of amalgamation. Consequently it would be plain that a doctrinaire approach in this field may virtually frustrate the whole purpose and object of a speedy amalgamation of non-viable societies. It is significant in this case that speed and despatch in this context is of importance because from the moment of the proposed order till finality is given to the order of amalgamation, all the societies within its ambit would become more or less moribund. It is obviously for this reason that sub-section (12) of section 13 has sought to attach finality to the order of amalgamation passed by the Registrar and no appeal or revision against the same has been envisaged by the statute. It was perhaps in this larger prospect of the great inconvenience, the impracticability and the ultimate harm that may ensue to the public weal that the legislature in its wisdom confined the notice of proposed order to the society or societies concerned and their creditors. 36. Yet again the principle of corporate personality seems to underlie the Legislature's mandate that the notice of amalgamation should be served on the society or societies concerned alone and not on each individual member thereof. In strictness, a body corporate is distinct and separate from its members and that is the essence of corporate personality. Therefore, the body adversely affected by the order of amalgamation is the legal entity or the corporation and in this case the co-operative society concerned. The Legislature, therefore, had a clear rationale in confining the notice to the legal person which is directly and materially affected by the order of amalgamation. Mr. I.S. Tiwana was on firm and plausible footing that in essence the adverse effect, if any, is the legal entity which lose its identity by the amalgamation and not necessarily on its individual members. A plausible example was given that a non-viable or a near bankrupt co-operative society which is merged in a more prosperous and a viable one would neither by itself adversely affected nor any one of its individual members may necessarily be so. In any case, there appears to be a clear rationale in confining the requirement of notice to the body corporate itself rather than extending it to each individual member thereof. That being so, it is clearly a matter of policy for which the Legislature and the administrative authority are the best judges. 37. I must now advert to an equally plausible argument raised by Mr. I.S. Tiwana, learned counsel for the respondent-State. He argued with force and cogency that a notice to the society is a notice to its members. It was rightly pointed out that in all matters concerning the society inevitably service has to be effected on the society at its registered address and that would normally suffice as a matter of law. As to how the society internally conveys this to its individual members or office-bearers is a matter entirely of its indoor management. Therefore, the Legislature was on a sound footing that adequate notice having been served on the societies, notices to individual members could be dispensed with. In any case, this could be more easily and adequately cared for by subsidiary directions. This is even manifest when reference is made to Annexure P-1, the copy of the proposed order served on the society. This in itself directed the Secretary of the concerned society that he should call the general body meeting of the Society and bring the contents of the said proposed order to the notice of all the members. He was further directed to call the said General Body Meeting at a short notice under rule 80(1) of the Punjab Co-operative Societies Rules, 1963 and sanction for this short notice was expressly granted and enclosed with the proposed order. 38. Again it is not if the individual members of the society have either been totally barred or excluded by the statute altogether with regard to their rights in the society consequent upon amalgamation. Section 13(9), clause (b), expressly confers the right to file objections on every member of the society which have to be considered by the Registrar before he passed the final order of amalgamation under section 13(10). Further section 13(11) confers the right on each member who has filed objections to the proposed order to withdraw his share, deposits or loans as the case may be, by making an application. The Legislature thus seems to have made adequate provision to safeguard the rights of the individual members as well and if in its wisdom, for reasons which appeared to be patent, it has excluded the individual members from the ambit of notice, it is not for the Courts to override the mandate and direct otherwise. 39. Lastly, in this context a note of caution has to be struck that the argument of the requirement of notice to every person interested, when logically stretched, would extend to absurd lengths. It is undeniable that the amalgamation of a society would equally affect all, in any case, many of its employees. Similarly, the amalgamation cannot but have the same effect on the rights of those persons who had contracted with the society as a legal entity. If the contention were to be carried to its logical extreme, it may require that all employees and contractors whose interests are to be affected by the amalgamation would be equally entitled to a notice on the principle of natural justice. This to my mind would be neither practicable nor desirable. 40. Having examined the matter in some depth on principle, logic and the settled canons of constructions, I must now inevitably turn to the judgment in Amerheri Co-operative Agricultural Service Society's case which undoubtedly forms the corner-stone of the argument of the petitioner an this context. Adverting specifically to the reasoning of the Division Bench in the only material paragraph 15 of the report, it seems to be manifest that the issue does not seem to have been adequately and thoroughly canvassed before their Lordships. There does not appear any discussion on principle which can possibly underlie the extension and with great respect, if I may say so, the over extension of the rules of natural justice. The innumerable considerations which apparently weighed with the Legislature and have been noticed above by me both as regards the exclusion of the rules of natural justice by necessary intendment and the rationale for doing so have not even been remotely adverted to and were obviously not brought to the notice of their Lordships. Principle apart, the only authority strictly bearing on the point referred to in the judgment is The Govindpur Agricultural Credit Co-operative Society and another v. Assistant Registrar, Co-operative Societies, Balasore Circle and another, A.I.R. 1979 Orissa 148. Apparently, relying on this judgment, it was held that in addition to the consultation with the financing institutions of the societies to be affected by the proposed order under section 13(8) of the Act, each society, its members and the creditors were also to be served with the copy of the proposed order sent in draft. With great deference it seems to me that apparently an error in construing the true ratio of the decision in the The Govindpur Agricultural Credit Co- operative Society's case (supra) seems to have crept in. Learned counsel for the parties were perhaps remiss in not pointing it out adequately before the Bench. A reference to this judgment would first show that indeed the relevant provisions of the Orissa Co-operative Societies Act were substantially and entirely different from what falls for construction here. The significant thing therein, however, was that the statute was so utterly silent with regard to the requirement of notice that it did not even provide for any intimation being given to the co-operative society or societies concerned far from making any mention of the individual members of the societies or their creditors. Nor did the statute provide for the passing of any proposed order of amalgamation and the service thereof upon any once. It was in this context and in the total absence and silence of the statutory provisions with regard to notice that the learned Judges of the Orissa Division Bench rightly invoked the rules of natural justice and that also with regard to the society or societies alone which were to be amalgamated. The only finding or the ratio which I am able to detect on a close reading of the judgment is that the society or societies alone have a right to a hearing. The learned Judges nowhere laid down that either the individual members of such society or further that the creditors thereof were to be treated on an identical footing or that there was any requirement of some kind of notice with regard to them also. By what appears to be an apparent slip, the learned judges in Amerheri Co-operative Agricultural Service Society's case had construed the ratio of the Orissa judgment as requiring that all the societies, the members and the creditors were at par and entitled to similar notice. Erroneously assuming this to be the ratio of the judgment and obviously following the same, the Bench in Amerheri Co-operative Agricultural Service Society's case held that in addition to the consultation with the financing institutions, the service of the proposed order on all the societies, their individual members as also their creditors was equally a requirement of natural justice. 41. For the detailed reasons recorded earlier, I am constrained to hold with great deference that the observations of the Division Bench in paragraph 15 of the report in Amerheri Co-operative Agricultural Service Society's case are not sustainable either on principle or precedent. I would, therefore, overrule the view expressed therein. 42. To conclude on this aspect, it appears to me that the Legislature has by necessary intendment excluded the requirement of notice to individual members of all the societies concerned and as discussed above, it had valid, and congent reasons for doing so. In my view, there is hence no warrant for sitting in judgment over the wisdom of the Legislature in a matter of larger policy and the requirement of notice to individual members cannot be incorporated in the statute by a process of interpretation. 43. Now, the second contention of Mr. B.S. Khoji on behalf of the petitioners again takes its inspiration from another set of observations made in Amerheri Co-operative Agricultural Service Society's case. He contended that the proposed order of amalgamation, Annexure P.1, served on the societies in accordance with section 13(8) and (9) was a bald and defective one in so far as it did not contain all the requirements and information about the membership, assets and liabilities, property, rights, interests, duties and obligations of not only the principal society but also of each one of the other societies which are sought to be amalgamated therewith. It was argued with some vehemence that the rules of natural justice extend thus far as to require that every individual member of the society as also the societies concerned must be served with all available materials in this context and unless that was done, there was a grave violation of the principles of natural justice. To be more specific, it was contended in terms that carbon copies of each material document with regard to every one of the society or societies as also all other documents on which reliance or reference may have been made by the Registrar must be annexed to the proposed order and be duty served not only on every society but on every individual member thereof. This having been admittedly not done, it was argued that the principles of natural justice stood violated and no objections could be filed either by the society or the societies concerned or their individual members and the creditors. On this ground alone, we were invited to quash the proposed order of amalgamation, admittedly served on the societies concerned. 44. As already noticed, the submissions spring from the observations in paragraph 16 of the report in Amerheri Co-operative Agricultural Service Society's case. These undoubtedly lend credence to the contention and therein it has been observed as follows :- "A copy of the proposed order has also to contain all the information regarding the society or societies to be affected by the order. It is only after the matters are known to the society or its members or creditors that they can be in a position to raise objections and also to make suggestions and make up their minds to withdraw from the membership or to withdraw their deposits. If the relevant material concerning the constitution, property, rights interests, liabilities, duties and obligations of the concerned society or the societies, as the case may be, is not made known, the purposes of the provisions cannot be achieved as no effected objections and suggestions can be made by the society, its members or creditors." Further, the Bench had concluded in that case that as no detailed material and copies of the necessary documents had been supplied along with the proposed order to the societies concerned, no effective objections could be filed and there was thus an apparent violation of the principles of natural justice and this was held to be a separate and independent ground for quashing the proposed order of amalgamation in the said case. 45. Yet again with considerable regret and deference, I am unable to subscribe to the tenor and the line of reasoning adopted by the Division Bench. This indeed was more or less a corollary to their earlier view regarding the necessity of notice to each individual member of the society and their creditors. Therefore, to avoid pointless repetition, it suffices to say that whatever has been said earlier by me in the context of the issuance of notice to individual members applies mutatis mutandis to the added claim of service of copies of all material documents as an essential requirement of natural justice. 46. Now what calls for added comment in this limited context is that the Legislature seems to be alive to the requirements of natural justice both as regards the persons to whom notice was necessary as also the nature and content thereof. Therefore, in sub-section (9) of section 13, it expressly provided not only the person or persons to whom such notice was to be given but also the form of the notice as well, namely, a copy of the proposed order, and went further to provide even the mode and its service, i.e. through post under a certificate of posting. Reference herein has necessarily to be made to the preceding sub-section (8) which laid down that when on adequate materials, the Registrar is satisfied that it is necessary in the interest of the co-operative societies to amalgamate any two or more of them, he may after consulting the financing institution, if any, direct such amalgamation providing for all details regarding the representation on the Committee of the principle society, property, rights, interests, liabilities, duties and obligations which he would lay down in the proposed order. The nature and the content of the proposed order is, therefore, provided for and governed by section 13(8). It is this proposed order which the Legislature in its wisdom required to be served on the societies concerned and the creditors, which in its view were entitled to such notice. It appears plain tome, therefore, that the Legislature was fully conscious of the content of the notice which it wished to give to the persons entitled thereto is its view. The question squarely arises whether the rules of natural justice can be stretched so far as to hold that even where the Legislature has adverted to and provided for the nature and the contend of a notice to be given to the persons entitled thereto, nevertheless by way of interpretation it may be over-ridden and it be directed that something more may be inflexibly added thereto or be substacted therefrom. I do not think so. To repeat, it has rightly been said that the rules of natural justice are not embodied rules. The only rule of natural justice in this context I am aware of is the well-known one of audi alteram partem. The larger and the only requirement thereunder is that the person concerned must be given an opportunity to be heard. Can one, therefore, go further on the purported basis of the principles of natural justice to lay down not only that the party must be heard but further prescribe the form of the notice, its contents, the documents and annexures which must be attached thereto and this also in a field where the Legislature has itself done so. I believe that such procedural and finical details are the province of the Legislature and cannot be imposed either on the principles of natural justice or by way of construction where none are so provided. It has been repeatedly held that even the right of personal hearing is not the mandatory requirement of natural justice and it is for the authority concerned to determine the manner in which the opportunity of hearing in a particular context is to be afforded. 47. The argument ab inconvenient which was notice earlier in the context of the alleged requirement of notice to each individual member of the society applies in a manifold manner in the present context. Who indeed is to determine which and what is the vital material or the necessary documents which must be annexed to the proposed order ? How and when can it be postulated that the Assistant Registrar has the knowledge, the access and the wherewithal to locate, trace and copy out all the data which (as a matter of opinion) may be said to be material to either the process of amalgamation or for the purposes of making objections thereto ? In a case of an amalgamation of numerous large societies, a requirement of this nature coupled with that of service on individual members would involve the forwarding of every material document to thousands of individual members of the societies and also inevitably entail the preparation, posting and service of thousands of copies of documents for each of them. Is that within the bounds of either possibility or even desirability, and in any case, can it be raised to an inflexible requirement of the law even when the Legislation does not say so ? My answer to the question is necessarily in the negative. 48. In holding as above, one may not be understood even remotely to mean that the societies, the members or the creditors are to be denied access to what may be relevant for the purpose of filing the objections. All that I intend to say is that it cannot be made the inflexible requirement of the law or lay down a statutory burden and duty (by way of interpretation) on the authority to serve copies of all material documents on the parties concerned. Mr. I.S. Tiwana has rightly pointed out that the society itself and its members have a right of access to all relevant materials of their own. Similarly, the statute and the rules made under the Co-operative Societies Act as also the practice thereunder may well enable the society and the members to have access to the material documents with regard to the other societies, like its balance sheets etc. In any case, no legal bar could be shown on behalf of the petitioners to have access or inspection of the material documents either in the possession of the Registrar or of the amalgamating societies. Herein as also in other cases, it is assumed that the authorities will act fairly and conscientiously and even liberally in affording access to material documents and the learned counsel for the respondent-State fairly took that stand. It was stated by Mr. Tiwana at the bar that in the context of amalgamation, the Registrar or the societies concerned would not refuse inspection or copies to a diligent member of a society who wishes to seek them for the purpose of making objections, if necessary. It is otherwise plain that if in a particular case, access to materials necessary for the making of an objection has been illegally and wrongly denied, leading to a grave miscarriage of justice, a Court of law would not hesitate to intervene in favour of the injured citizen in the particular case. However, the pendulum cannot be swung to the absolute extreme of laying down by a process of interpretation that copies of all material documents must be individually made and served on every society and on every individual member of creditor thereof. 49. Adverting inevitably to the specific reasoning of the Division Bench in the solitary paragraph 16 of the report in Amerheri Co-operative Agricultural Service Society's case, it again appears that the question was not adequately canvassed and agitated before their Lordships. No authority has been adverted to nor is there any exhaustive discussion of the principle. The matter seems to have been accepted as a mere consequence or corollary to the preceding finding of their Lordship that notice was a necessary requirement to each individual member of the Society as also is creditors. All the infirmities in the reasoning in that context which have been noticed earlier are, therefore, equally applicable in the present context. It may also be recalled that the Orissa authority in the Govindpur Agricultural Credit Co-operative Society's case (supra) did not at all advert to or even remotely say anything with regard to the contents of the notice or the necessity of serving a proposed order and further of the copies of all material documents being annexed thereto. In fact under the Orissa Co- operative Societies Act, there appears to be no corresponding provision to any proposed order of amalgamation or the service thereof on the concerned parties and the invitation of objections with regard thereto. The said judgment, therefore, is wholly silent with regard to the contents, documents, copies etc which must be furnished or added or attached to a proposed order. No support could, therefore, be derived from that judgment in this context. 50. For the detailed reasons recorded above, with respect I hold that the view of the Bench in Amerheri Co-operative Agricultural Service Society's case that all the detailed material and copies of documents must be annexed to and must be served on the parties concerned cannot be sustained and would, therefore, overrule the observations in paragraph 16 of the report. I would, however, wish to make it clear that the overruling of this judgment is confined only to the two issues propounded upon in paragraphs 15 and 16 of the report and as the other matters discussed in that judgment have not been canvassed before us, I would naturally express no opinion with regard thereto. 51. The second contention of Mr. Khoji is hence equally without merit and it is held that neither the rules of natural justice nor the requirement of the statute herein require the annexation of the copies of all material documents to the proposed order served on those entitled thereto. 52. Before parting with the aforesaid aspect of this judgment with regard to the applicability of the principles of natural justice, I feel complied to notice the extreme contention of Mr. I.S. Tiwana for the respondent-State that the Registrar whilst acting under sub-sections (8) and (9) of section 13 exercises functions which are purely or in any case primarily administrative. Reliance was placed by him on Radheshyam Khare and another v. The State of Madhya Pradesh and others, AIR 1959 S.C. 107, wherein the distinction between the administrative and the quasi judicial function has been brought out authoritatively. Great emphasis was placed on section 13(8) which merely requires the satisfaction of the Registrar with regard to the necessity and the interest of the co-operative societies before passing the order of amalgamation. On this statutory basis, reliance was placed on Barium Chemicals Ltd. and another v. Company Law Board and others, AIR 1967 S.C. 295, to contend that wherein an authority is to be satisfied, then the function is primarily subjective and the principles of natural justice would, therefore, be wholly excluded. 53. The above argument was pressed before us with considerable emphasis. However, as I have come to the conclusion above that the principles of natural justice, even if attracted, stand excluded by necessary intendment by the Legislature, it is wholly unnecessary to examine or pronounce upon this contention. I would, therefore, refrain from entering the thicket of the controversy whether the exercise of power under section 13 by the Registrar is wholly or primarily administrative. Therefore, I would decline to express any opinion thereon and it suffices merely to notice the contention in fairness to Mr. Tiwana. 54. Now the third and indeed the last meaningful argument of Mr. Khoji on behalf of the petitioner is that the order of amalgamation, Annexure P-1, admittedly passed by the Assistant Registrar is wholly without jurisdiction and should be quashed on that score. Elaborating the argument, the counsel contended that the statute vests only the Registrar with the power to pass the proposed or final order of amalgamation of Societies and this has been so done only by Punjab Act No. 8 of 1978. The argument is that the Assistant Registrars were delegated with the powers of the Registrar by a notification way back in 1963 when no such powers under section 13(8) to (12) existed in the statute. It is contended that in the absence of any fresh notification conferring the powers recently vested in the Registrar by Punjab Act No. 8 of 1978 upon the Assistant Registrars, the latter cannot pretend to exercise this power which was not within the ambit of the statute when the same was delegated to them. Primary reliance for this contention is on a Single Bench decision of this Court reported as Kulwant Singh v. The Deputy Registrar, Co- operative Societies, Rohtak, 1969 P.L.R. 1016. 55. Herein again it must be fairly conceded that the judgment aforesaid fully supports the submission raised by Mr. Khoji and it is the correctness of that view which is really at stake. Therein, an identical argument found favour with Narula, J. (as he then was) on a similar submission made by Mr. Khoji before him. It was observed as follows :- "By notification, dated September 12, 1963 (annexure `A' to the return of the Deputy Registrar) the State Government delegated all the powers of the Registrar exercisable under sub-section (2) of section 3 of the Act to the Joint Registrar and the Deputy Registrars of Co-operative Societies in the State. The argument of Mr. Khoji is that section 3(2) does not and, in fact, cannot provide for prospective delegation and that what can be deemed to have been delegated by the notification dated September 12, 1963, cannot go beyond the field of powers which were exerciseable by the Registrar on the date of the said notification. The learned counsel submits that inasmuch as the authority conferred by rule 80(1)(i-a) was conferred on the Registrar for the first time on September 3, 1965, the said jurisdiction could not be deemed to have been delegated in advance to the Deputy Registrar and could be validly delegated only if a proper notification in that respect was issued at any time after September 3, 1965. I find great force in this submission of Mr. Khoji, who is supported in this proposition by a Division Bench judgment of the Bombay High Court in Emperor v. Ravangouda Lingangouda Patil, A.I.R. 1944 Bombay 259, which was followed by a Division Bench of the Madhya Pradesh High Court in Amarsingh Rajendra Singh v. State of Madhya Pradesh, A.I.R. 1965 M.P. 126." With great respect, I am unable to agree with the view propounded above and it appears to me that the basic fallacy underlying the same is the failure to notice the sharp and meaningful distinction between a mere delegation of power by an authority on one hand and the confirment thereof under a statute. In order to truly appreciate, it is necessary to first set down the provisions of section 3 of the Act under which the powers of the Registrar under section 13 have been conferred on the Assistant Registrars :- "3. Registrar and other officers and their powers. - (1) The Government may appoint a person to be the Registrar of Co-operative Societies for the State. (2) To assist the Registrar in his functions under this Act, the Government may appoint such number of Additional Registrars, Joint Registrars, Deputy Registrars, Assistant Registrars, and other persons with such designation as it may think fit. (3) The Government may, by general or special order confer on any person appointed under sub-section (2) all or any of the powers of the Registrar under this Act. (4) Every person appointed under section (2) shall exercise his powers subject to the general superintendent and control of the Registrar. (5) Notwithstanding anything contained in this Act where any power of the Registrar is exercised by any authority by virtue of the order issued by the Government under sub-section (3) the order passed or decision made by such authority shall, for the purposes of appeal be deemed to be the order or decision of that authority and not of the Registrar." Now, a plain reading of the aforesaid provision would make it manifest that herein the jurisdiction to appoint the Registrar or functionaries to assist him or to confer on any person the powers of the Registrar, has been expressly vested by the stature in the Government itself. There is no question of any delegation here nor has the word been remotely used in the whole of the section either expressly or impliedly. Just as under sub-section (1) the Government appoints a Registrar or under sub-section (2) it appoints Additional Registrars, Joint Registrars, Deputy Registrars and Assistant Registrars to assist him, in the same manner it has been empowered, by general or special order, to confer on any of the aforementioned persons all or any of the powers of the Registrar under this Act. Consequently, it is plainly the exercise of the power by the Government to appoint or confer powers under the law or the statute. In sharp contradistinction it should be noticed that the present case is not one where the Registrar himself is in any way delegating his powers to the Assistant Registrars and in fact no such provision exists in the statute or at least was pointed out to us. Admittedly, the powers under section 13 have been conferred by the Government itself, vide notification dated the 11th of September, 1963 originally, and subsequently modified by the same authority. On the bare language of section 3 of the Act, therefore, the power here is plainly one of appointment or conferment of powers under the statute and not one of delegation by the Registrar. 56. Viewed in the above perspective which appears to me as the only correct one, it is evident that Narula, J., in Kulwant Singh's case (supra) proceeded on an erroneous assumption. Reference to the judgment and the brief reasoning thereof in paragraph two of the report would indicate that it seems to have been assumed on all hands that the case was one of delegation. It was on that premises that the learned Single Judge came to the conclusion that there could not be any delegation in advance to the Deputy Registrars of powers which at that stage were not vested in the Registrar by the statute. It was entirely or the premises that the case was one of delegation of powers that reliance was placed on Emperor v. Ravangouda Lingangouda Patil, AIR 1944 Bom 259, wherein the powers of the Government of Bombay under rule 26 of the Defence of India Rules were delegated to all District Magistrates. Once it is held that the case is not one of delegation, that judgment would be plainly distinguishable. The position is identical as regards Amarsingh Rajendra Singh's case (supra) which was also referred to and relied upon. This again was a case under the Defence of India Rules, wherein also the powers of the State Government under rule 30(1)(b) of the Defence of India Rules, 1962, had been delegated to all the District Magistrates. For obvious reasons, this case would be equally distinguishable. 57. For the aforesaid reasons and with great respect, I am firmly of the view that Kulwant Singh's case (supra) on this point does not lay down the law correctly and I am constrained to overrule the same. 58. It would also be conducive to the clarity of precedent to mention that Mr. Khoji also referred to the Division Bench judgment in Shri Ram Singh and others v. Shri S.L. Kapur, I.A.S., Registrar, Co-operative Societies, Punjab and others, 1975 R.L.R. 303 in which reference was made to Kulwant Singh's case (supra). It was argued by Mr. Khoji that the Division Bench had also affirmed or followed the view propounded in Kulwant Singh's case (supra). It was argued by Mr. Khoji that the Division Bench had also affirmed or followed the view propounded in Kulwant Singh's case. The observations of the Division Bench on this point appear to be slightly obscure but, if the said judgment can in any way be construed as an affirmance of the view in Kulwant Singh's case (supra), the same must also be overruled on the limited and specific point. 59. Once it is held that herein the power under section 13 conferred on the Assistant Registrars by the Government itself is not a matter of delegation, then it appears to be more or less plain on principle that the said power can be exercised from time to time. Apart from principle, reference in this connection may be made to section 12 of the Punjab General Clauses Act which in terms lays down that where by any Punjab Act any power is conferred, then the owner may be exercised from time to time as occasion arises. Identical provisions appear in section 14 of the General Clauses Act, 1897, as well. Principle and statute apart, there are then the binding observations of their Lordships in National Sewing Thread Co. Ltd., Chidambaram v. James Chadwick and Bros Ltd., A.I.R. 1963 S.C. 357. In that case it was sought to be argued that the power vested in the High Court to make rules under Section 108 of the Government of India Act, 1915, would be limited only to the jurisdiction already possessed by the High Court at that very time and would not be attracted to the enlargement of such power by the subsequent Government of India Act, 1935. Repelling such a contention, their Lordships observed as follows:- "It is thus difficult to accept the argument that the power vested in the High Court under sub-section (1) of Section 108 was a limited one, and could only be exercised in respect to such jurisdiction as the High Court possessed on the date when the Act of 1915 came into force. The words of the sub- section "vested in the court" cannot be read as meaning "now vested in the Court". It is a well-known rule of construction that when a power is conferred by a statute that power may be exercised from time to time when occasion arises unless a contrary intention appears. This rule has been given statutory recognition in S. 32 Interpretation Act. The purpose of the reference to S. 108 in Cl. 15 of the Letters Patent was to incorporate that power in the charter of the Court itself, and not to make it moribund at that stage and make it rigid and inflexible. We are, therefore, of the opinion that Section 108 of the Government of India Act, 1915 conferred power on the High Court which that Court could exercise from time to time with reference to its jurisdiction whether existing at the coming into force of the Government of India Act, 1915 or whether conferred on it by any subsequent legislation." In view of the language of the statute, on principle, and the authoritative precedent aforesaid, the third and the last contention of Mr. Khoji that the Assistant Registrar had no jurisdiction to pass the impugned order of amalgamation must be categorically repelled. 60. Before parting with this judgment, it may be noticed in fairness to Mr. Khoji that he had rather half-heartedly sought to contend that the order of amalgamation was factually not well founded and that the Societies to which the petitioners belong were financially and administratively viable. I am clearly of the view that this argument is plainly not open to the petitioners at this stage. The statute gives them the right to file objections within the prescribed time against the proposed order of amalgamation. It is only after considering the objections filed by the societies concerned, the members, and the creditors, that the Registrar attaches finality to the proposed order by making such modifications therein as he may deem fit. The petitioners, therefore, must resort to their statutory remedy of filing objections as regards the factual aspects and the merits of each proposed order of amalgamation. 61. In the light of the aforesaid discussion, all these writ petitions are without merit and are hereby dismissed. However, in view of the difficult questions of law falling for determination, the parties are left to bear their own costs. Petitions dismissed.