ORDER : 1. Present civil writ petition is filed under Article 226 of the Constitution of India with prayer to issue a writ of certiorari quashing order dated 22.7.2011 passed by Assistant Registrar Co-operative Societies Solan Himachal Pradesh and quashing order dated 2.4.2012 passed by Deputy Registrar (Consumer) Co-operative Societies Himachal Pradesh and quashing order dated 6.10.2012 passed by Additional Registrar (Administration) Co-operative Societies Himachal Pradesh and quashing order dated 31.12.2014 passed by Special Secretary (Cooperation) to the Government of Himachal Pradesh whereby above-said authorities have directed the petitioner society to issue token for plying trucks in favour of non-petitioner No. 1 namely Harjinder Singh. 2. Brief facts of the case as pleaded are that non-petitioner No. 1 Shri Harjinder Singh son of Ram Rattan resident of village Palech P.O. Kandaghat Tehsil Kandaghat District Solan sold truck No. HP-13-274 with token in the year 2004. In the year 2010 co-respondent No. 1 namely Harjinder Singh filed a reference petition under Section 72 of Himachal Pradesh Co-operative Societies Act 1972 before Assistant Registrar Co-operative Societies Solan District Solan against petitioner society on the ground that he was not granted fresh token by the petitioner society. Thereafter on 22.7.2011 petition filed by Harjinder Singh was allowed by Assistant Registrar Co-operative Societies vide order dated 22.7.2011 and held that Society had not adopted the proper procedure for expulsion of membership of Shri Harjinder Singh and also held that Society had adopted pick and choose method by way of allotting new token to some members who have also sold their vehicles with token numbers. Thereafter Assistant Registrar Co-operative Society Solan District Solan Himachal Pradesh directed the petitioner to allot new token to Harjinder Singh and provide work to his vehicle on priority basis. Thereafter Solan District Truck Operators Transport Co-operative Society filed appeal which was dismissed by Deputy Registrar (Consumer) Co-operative Societies Himachal Pradesh on 2.4.2012. Thereafter Solan District Truck Operators Transport Co-operative Society filed revision petition against order dated 2.4.2012 which was dismissed by Additional Registrar (Administration) Co-operative Societies Himachal Pradesh vide order dated 6.10.2012. Thereafter Solan District Truck Operators Transport Co-operative Society filed revision/review petition which was dismissed by Special Secretary (Cooperation) to the Government of Himachal Pradesh vide order dated 14.2.2013. Thereafter CWP No. 4294 of 2013 was also filed by Solan District Truck Operators Transport Co-operative Society, which was decided on 21.11.2014. Thereafter Solan District Truck Operators Transport Co-operative Society filed revision/review petition which was dismissed by Special Secretary (Cooperation) to the Government of Himachal Pradesh vide order dated 14.2.2013. Thereafter CWP No. 4294 of 2013 was also filed by Solan District Truck Operators Transport Co-operative Society, which was decided on 21.11.2014. Hon’ble High Court in CWP No. 4294 of 2013 held that revisional authority (Special Secretary Cooperation) has not touched the merits of case. Hon’ble High Court of H.P. in CWP No. 4294 of 2013 remanded case and directed Special Secretary (Cooperation) to decide the case on merits and parties were directed to appear before Special Secretary (Cooperation) on 1.12.2014. Thereafter again Special Secretary (Cooperation) to the Government of Himachal Pradesh upheld the order of Assistant Registrar Co-operative Society dated 22.7.2011. 3. Court heard learned Advocate appearing on behalf of the petitioner and learned Advocate appearing on behalf of non-petitioner No. 1 and Additional Advocate General appearing on behalf of the non-petitioners Nos. 2 to 5 and Court also perused the entire record carefully. 4. Following points arise for determination in this civil writ petition:- Point No. 1 Whether civil writ petition filed by petitioner under Article 226 of Constitution of India is liable to be accepted as mentioned in memorandum of grounds of civil writ petition? Point No. 2 Final order. Findings upon point No. 1 with reasons 5. It is proved on record that Solan District Truck Operators Transport Co-operative Society framed byelaws and applied for registration of Society under Himachal Pradesh Co-operative Societies Act 1968. It is further proved on record that thereafter Assistant Registrar Co-operative Societies Solan exercising the powers of Registrar Co-operative Society Himachal Pradesh registered the society under Himachal Pradesh Co-operative Societies Act 1968 and issued registration certificate placed on record. 6. It is held that after registration of petitioner society under Himachal Pradesh Co-operative Society Act 1968 petitioner society is governed under Himachal Pradesh Co-operative Society Act 1968. Membership bye-law of Society as mentioned in byelaws of society are quoted in toto. “Bye-law 5 membership of society. Subject to the provisions of Bye-laws any individual shall be admitted as a member of the society if he is:- (i) Over 18 years in age and of sound mind. (ii) Of good charactors. Membership bye-law of Society as mentioned in byelaws of society are quoted in toto. “Bye-law 5 membership of society. Subject to the provisions of Bye-laws any individual shall be admitted as a member of the society if he is:- (i) Over 18 years in age and of sound mind. (ii) Of good charactors. (iii) Subject to the provisions of Act and Rules and Bye-Laws is owner of truck carrier and is hereditary resident of area of operations, having ancestral land and also duly recommended by the truck operators union in the Area of the society. (iv) The numbers of the trucks per member should be at most three Trucks. 6-A No individual shall be eligible for admission as a member of the Society if:- (i) He has applied for bankruptcy. (ii) He has been declared as an insolvent. (iii) He has been sentenced for any offence involving dishonesty or moral turpitute 5 years proceeding the date of his admission as member. 6-B Applications for the admission as member shall be disposed of by the Managing Committee subject to the approval of General body. If the managing committee or the General body refused to admit a person, it shall record its reasons for such refusal and communicate to the persons concerned. Any person who has been refused admission shall have the right of an appeal to registrar and such appeal shall binding on the society and applicant/appellant. 6-C No member shall be admitted during 15 days proceeding to date fixed for any general body meeting of the society for which office bearers are to be elected. 6-D Every member on admission shall sign his name or made his thumb mark in the register of members and shall pay an admission fee Rs. 100/-. 6-E (i) Every member of the society shall nominate a person or persons to whom his shares of interest or such sums out of shares or interest as may be specified by the member shall on the death of the member be transferred or paid as laid down in the bye-laws. (ii) Such nomination may from time to time be revoked or modified by the nominator. (iii) The number of persons who may be nominated by a member shall not exceed the number of the shares held by the members. (iv) When a member of the society nominates more than one persons. (ii) Such nomination may from time to time be revoked or modified by the nominator. (iii) The number of persons who may be nominated by a member shall not exceed the number of the shares held by the members. (iv) When a member of the society nominates more than one persons. He/She shall do so as practicable specify the amount to be paid or transfer to each nominee interest of the whole shares and the interest accruing thereon. (v) The record of the nomination shall be kept by the society in such manner as may be laid down by the registrar from time to time. 6-F No shares shall be withdrawn but shares may be transferred to members or to a person duly qualified for membership and approved by managing committee. 6-G The value of the shares transferred shall in no case be more than the sum received by the society in payment thereof. 6-H Bye-law relating to expulsion of member from society:- (a) A member may be expelled for one or more of the following reasons:- (i) Ceasing to reside in the area of operation of the society. (ii) Failure to pay the share money or operation of the society. (iii) Conviction of criminal offence involving dishonesty or moral turpitude. (iv) An application for bankrupcy. (v) An action which may be held by the general body on account of dishonesty or contrary to the interest reputation and stand objects of the society. (b) A person shall cease to be member of the society in one or more of the circumstances:- (i) Death. (ii) Ceasing to hold at least one share. (iii) Withdrawal after six months notice to the secretary of the society provided the share/shares held by the member are disposed of it accordance with by law 11 & 12. (iv) Permanent insanity. (v) Declaration of bankrupcy.” 7. Thereafter vide resolution No. 8 dated 5.12.2008 a resolution was passed by society in the meeting of general house wherein 482 members were present out of 1135 members to the effect that any member of society if sells his vehicle and becomes vehicle-less then his membership in the society would be deemed to be cancelled. 8. Court has carefully perused the membership provision mentioned in byelaws of society. Court has also carefully perused bye-laws 13(a)(b) of society relating to termination of membership of society. 8. Court has carefully perused the membership provision mentioned in byelaws of society. Court has also carefully perused bye-laws 13(a)(b) of society relating to termination of membership of society. There is no provision in bye-laws 13(a)(b) of society that member would be deemed to be expelled automatically after sale of vehicle. Society amended bye-law vide resolution No. 8 dated 5.12.2008 placed on record to the effect that member would be expelled automatically if member of society would sell his vehicle and is become ownerless of vehicle. 9. Bye-law 46 of Society deals with amendment of byelaws. Operative part is quoted in toto:- “46. No amendment of these by laws shall be carried out save in accordance with the resolution passed at a general meeting of which due notice of the intention to discuss the amendment has been given provided that no such resolution shall be valid unless it is passed by majority of the members present at the general meeting at which not less than two-third of the members for the time being of the society are present. Provided further that model by laws or amendments previously approved by the Registrar may be adopted by a majority at a general meeting with an ordinary quorum. 10. As per bye-law 46 of society amendment in bye-laws of society could be effected only in general house meeting when 2/3rd members of society are present. In present case only 482 members of society were present out of 1135 members and resolution No. 8 dated 5.12.2008 is not approved by 2/3rd members of society as mentioned in bye-law 46 of society. Hence it is held that resolution No. 8 dated 5.12.2008 is void abinitio as per mandatory provision of bye-law 46 of society. 11. It is held that as petitioner is registered under Himachal Pradesh Co-operative Societies Act 1968. Petitioner society is governed under Himachal Pradesh Co-operative Societies Act 1968. As per Section 11 of Himachal Pradesh Co-operative Societies Act 1968 amendment in byelaws of Co-operative society would be operative only after approval of registrar society. Till date resolution No. 8 dated 5.12.2008 is not approved by Registrar of Society. Operative part of Section 11 of Himachal Pradesh Co-operative Society Act 1968 relating to amendment of byelaws of Co-operative Society is quoted. 12. Section 11 of Himachal Pradesh Co-operative Societies Act 1968. Amendment of bye-laws of Co-operative society. Till date resolution No. 8 dated 5.12.2008 is not approved by Registrar of Society. Operative part of Section 11 of Himachal Pradesh Co-operative Society Act 1968 relating to amendment of byelaws of Co-operative Society is quoted. 12. Section 11 of Himachal Pradesh Co-operative Societies Act 1968. Amendment of bye-laws of Co-operative society. No amendment of any bye-law of Co-operative society shall be valid unless approved by resolution of a general meeting and registered under Himachal Pradesh Co-operative Society Act 1968 for whose purpose three copies of amendment shall be forwarded to the Registrar Societies as prescribed. If the Registrar is satisfied that proposed amendment (1) Is not contrary to the provision of Himachal Pradesh Co-operative Societies Act 1968. (2) Does not conflict with Co-operative principles. (3) Will promote the economic or social interest of member of society. (4) Is not in consistent with principles of social justice he may register amendment. (5) An amendment of bye-laws of Co-operative Society shall come into operation on the day on which it is registered by Registrar. 13. As per Section 11 of Himachal Pradesh Co-operative Societies Act 1968 three copies of amendment of byelaws of society should be forwarded to the Registrar. In present case there is no prima facie evidence on record that three copies of amended of byelaws of society were forwarded to Registrar Society as per mandatory provision of Section 11 of Himachal Pradesh Co-operative Societies Act 1968. There is no recital in resolution No. 8 dated 5.12.2008 that three copies of resolution No. 8 dated 5.12.2008 were sent to Registrar Societies for approval as per mandatory provision of Section 11 of Himachal Pradesh Co-operative Societies Act 1968. 14. As per Section 11 of Co-operative Societies Act 1968 amendment in bye-laws of society would come into operation on the date on which it is registered by Registrar Societies under Section 11 of Himachal Pradesh Co-operative Societies Act 1968. There is no evidence on record that amendment of byelaw framed by society vide resolution No. 8 dated 5.12.2008 has been registered by Registrar Societies under Section 11 of Himachal Pradesh Co-operative Societies Act 1968. Hence it is held that unless amended byelaw vide resolution No. 8 dated 5.12.2008 is not registered by Registrar Societies under Section 11 of Himachal Pradesh Co-operative Societies Act 1968 the amended byelaw vide resolution No. 8 dated 5.12.2008 would not come into operation. Hence it is held that unless amended byelaw vide resolution No. 8 dated 5.12.2008 is not registered by Registrar Societies under Section 11 of Himachal Pradesh Co-operative Societies Act 1968 the amended byelaw vide resolution No. 8 dated 5.12.2008 would not come into operation. There is no certificate placed on record that Registrar Societies has registered the amended byelaw dated 5.12.2008 under Section 11 of Himachal Pradesh Co-operative Societies Act 1968. 15. There is no original byelaw of society that vehicle could not be sold with token number by a member of society. There is no original byelaw of society as of today that new token number would not be granted to member of society even after the purchase of new vehicle. 16. It is proved on record that till date non-petitioner Shri Harjinder Singh is member of society. It is held that member of society is legally entitled for all privileges enjoyed by other members of society as per Article 14 of Constitution of India because equality before law is basic concept of Constitution of India as per Article 14 of Constitution of India. It is well settled law that everyone is governed by Constitution of India and no one can be allowed to act contrary to Constitution of India. Constitution of India is binding upon all authorities throughout the country including societies. Name of non-petitioner namely Harjinder Singh still figures in list of share transfer fund at Serial No. 51 as on 31.3.2011 placed on record prepared by Solan District Truck Operators Co-operative Transport Society Ltd. Darlaghat. Even name of non-petitioner Shri Harjinder Singh is also listed in final voter list of members of society of Solan District Truck Operators Co-operative Transport Society Ltd. Darlaghat at S. No. 13 placed on record dated 4.3.2011. 17. In view of the fact that non-petitioner Shri Harjinder Singh is still member of society and in view of the fact that resolution No. 8 dated 5.12.2008 is contrary to bye-law 46 of society and in view of the fact that amended byelaw of society is not approved till date in accordance with Section 11 of Himachal Pradesh Co-operative Societies Act 1968 by Registrar of Societies point No. 1 is answered in negative. Point No. 2 (Final Order) 18. In view of findings upon point No. 1 petition filed under Article 226 of Constitution of India is dismissed. No order as to costs. Point No. 2 (Final Order) 18. In view of findings upon point No. 1 petition filed under Article 226 of Constitution of India is dismissed. No order as to costs. Petition stands disposed of. All pending miscellaneous applications if any also stands disposed of.