ORDER : Petitioner, in present petition, is Mangal Land Loosers and Effected Transport Cooperative Society Limited (hereinafter referred to as Society), and petition has been filed through its Nominated Member, without naming the Nominated Member in the Memo of Parties. However, petition is supported by affidavit of one Ajeet Singh son of Shri Inder Singh, claiming authorization for filing present petition, on behalf of the Society, on the basis of Resolution No.4, dated 23.12.2020, stated to have been approved and passed by the Society with Quorum of 6/11. In the Resolution, Committee Members of the Society, but without naming specifically, have been authorized to engage an Advocate and file an appeal against the order passed by Additional Registrar, Cooperative Societies, Shimla. 2. It is undisputed that Ajeet Singh is a Nominated Member of the Committee, constituted under Section 35A of the Himachal Pradesh Cooperative Societies Act, 1968 (hereinafter referred to as the Act), vide Notification dated 26.6.2019. 3. Present petition has been preferred against the order dated 21.10.2019, passed by Additional Registrar (Monitoring) Cooperative Societies, Himachal Pradesh in a Revision Petition preferred by respondents No.4 & 5, under Section 94(2) of the Act, against the order dated 19.3.2019 passed by Assistant Registrar, Cooperative Societies, Solan, whereby the Assistant Registrar had ousted respondents No.4 & 5 from the Committee, constituted under Section 35A of the Act, by withdrawing his earlier order dated 8.3.2019. 4. In Revision Petition, the Additional Registrar has held that in view of reconstitution of the Committee, vide Notification dated 26.6.2019, under Section 35A of the Act, earlier notifications, including Notifications/Orders dated 8.3.2019 and 19.6.2019, stand superseded, rendering the Revision Petition infructuous, but, in addition, while disposing of the Revision Petition, the Additional Registrar has directed the Deputy Registrar, Cooperative Societies (Eastern Division)/ Assistant Registrar, Cooperative Societies, Solan, that they, after verifying credentials/eligibility, as per requirement of law, may consider the names of respondents No.4 & 5 herein (appellants No.1 & 2 therein) for nomination as Members of the Managing Committee, if vacancy, if any, caused in the committee constituted vide Notification dated 26.6.2019. 5. 5. Ground taken in the present petition is that if the Revision Petition filed by respondents No.4 & 5 (petitioners in Revision Petition) had become infructuous, then direction given by respondent No.2 therein, at the time of disposing of the petition, for considering the names of these respondents for nomination as Members of the Managing Committee was beyond jurisdiction and scope of power of respondent No.2. The impugned order has been assailed only to the extent that aforesaid direction to concerned authority with respect to respondents No.4 & 5 be set aside and struck down. 6. The Committee of the Society was constituted vide Notification dated 26.6.2019, after expiry of tenure of two years of the similar previous Committee constituted invoking provisions of Section 35A of the Act. Present petition has been preferred by the Committee, constituted on 26.6.2019, and, admittedly, tenure of this Committee has expired on 25.6.2019. However, during the intervening period, present petition was preferred, wherein, on 27.1.2020, interim order was passed by learned Vacation Judge that Notification dated 26.6.2019 issued under Section 35A of the Act shall not be altered or modified, without leave of the Court. This interim order was continued by the Division Bench vide order dated 12.3.2020. 7. On expiry of tenure of the Committee, constituted vide Notification dated 26.6.2019, the Assistant Registrar, Cooperative Societies, Solan, had reconstituted the Committee, vide Notification dated 7.7.2021, but without leave of the Court, for mistaken belief that after expiry of statutory tenure of the Committee constituted vide Notification dated 26.6.2019, no leave of the Court was necessary, considering that interim order was in force only during the statutory tenure of the previous Committee constituted on 26.6.2019. 8. On reconstitution of the Committee, vide Notification dated 7.7.2021, a Contempt Petition No.221 of 2021, titled as Manohar Lal & another v. Rajesh Sharma & another had been preferred for violation of interim order passed by the Court, referred supra. 9. On realizing the mistake, after filing of the aforesaid Contempt Petition by the petitioner, concerned Authority had decided to keep the Notification dated 7.7.2021 in abeyance, pending adjudication of the present Writ Petition. 10. Considering the aforesaid facts and circumstances, the Contempt Petition (COPC No.221/2021) was closed and disposed of by a Coordinate Bench of this Court, vide order dated 9.8.2021. 11. 10. Considering the aforesaid facts and circumstances, the Contempt Petition (COPC No.221/2021) was closed and disposed of by a Coordinate Bench of this Court, vide order dated 9.8.2021. 11. Learned Advocate General has submitted that the power to appoint also includes power to remove, in accordance with law. It is further submitted by learned Advocate General that he has instructions to communicate no opposition to the prayer of petitioner for setting aside the direction issued by the Additional Registrar, Cooperative Societies, with respect to respondents No.4 & 5. 12. Learned counsel for respondents No.4 and 5 has submitted that these respondents cannot be debarred from becoming members of the Committee, by way of nomination or otherwise, only for opposition of other members, including the Society, if they are otherwise eligible for such membership. It is further submitted by the learned counsel for these respondents that he has no objection for setting aside direction issued by the Additional Registrar to consider these respondents for nomination as members of the Society, but the same should not be considered a disqualification of these respondents for becoming members of the Committee or for consideration for such membership. 13. The direction issued by the Additional Registrar, impugned herein, is superfluous and unwarranted as on arising a vacancy in the Society, concerned Authority has to consider the names of all persons, eligible to be nominated as members of the Society, in accordance with bye-laws, rules and provisions of the Act, as applicable to the case, and there was no necessity to give special preference to respondents No.4 and 5 by giving impugned direction. In case they are otherwise eligible and fall under the zone of consideration, their names would be naturally considered in accordance with law and if there is any legal impediment for such consideration, then their names would not be considered. 14. In case they are otherwise eligible and fall under the zone of consideration, their names would be naturally considered in accordance with law and if there is any legal impediment for such consideration, then their names would not be considered. 14. Registrar/Competent Authority has been conferred with power to constitute a Committee, under Section 35A of the Act and it is well settled that power to constitute a Committee also includes power to alter, modify and reconstitute the Committee, in accordance with law, which includes power to remove any member of the Committee, who is not entitled to continue or liable to the ousted for just and valid reasons for securing interest of the Society and, therefore, the concerned authority is competent to consider the names of all persons, who are eligible to be nominated as members of the Committee, in consonance with bye-laws, rules and provisions of the Act, as applicable to the case. 15. In the aforesaid facts and circumstances, considering submissions made by the learned counsel for the parties, direction issued by the Additional Registrar, Cooperative Societies, with respect to respondents No.4 & 5, referred supra, is set aside, with observation that the competent authority is empowered to nominate any eligible Member to the Managing Committee, exercising the power as provided under the Act, in accordance with bye-laws, rules and provisions of the Act, as applicable, without being influenced by the direction passed by the Additional Registrar, Cooperative Societies, or this Court in present decision, but the said power shall be exercised by giving paramount consideration for safeguarding the interest and proper management of the Society. 16. Needless to say that respondents No.4 & 5 (in present petition), if otherwise eligible to be appointed/ nominated, shall not be excluded from considering their names for nomination, in accordance with law, alongwith others. 17. Learned counsel for the petitioner submits that a time bound direction be given to the concerned authority to notify the Managing Committee, under Section 35A of the Act, immediately, so as to make the Committee functional. 18. Keeping in view the fact that the Committee has already been constituted vide Notification/Order dated 7.7.2021 and the said Notification/Order has been kept in abeyance during currency of the interim order, passed in this petition, no fresh direction is required to be issued for constituting the Committee afresh. 18. Keeping in view the fact that the Committee has already been constituted vide Notification/Order dated 7.7.2021 and the said Notification/Order has been kept in abeyance during currency of the interim order, passed in this petition, no fresh direction is required to be issued for constituting the Committee afresh. The competent authority is always at liberty to constitute and re-constitute the Managing Committee, in accordance with bye-law, rules and provisions of the Act, as applicable. 19. The issue that how long and how many times the Committee can be constituted and re-constituted, under Section 35A of the Act, is not an issue in this petition and, thus, has not been adjudicated. Similarly, validity and legality of constitution of Committee, vide Order dated 7.7.2021, has also not been assailed and adjudicated in the present petition. However, notice of the said Notification/Order has been taken for limited purpose that after expiry of statutory tenure of previous Committee constituted on 26.6.2019, new Committee has been constituted vide aforesaid Notification/ Order dated 7.7.2021. Therefore, allowing the respondents-Authority to re-constitute the Committee, on expiry of statutory tenure of two years of previous Committee constituted on 26.6.2019, shall not be construed that this Court has approved the constitution and re-constitution of the Committee, under Section 35A of the Act, for indefinite period. 20. Petition is disposed of in aforesaid terms alongwith pending applications, except CMP No.9553/2021. CMP No.9553/2021 21. Some Members of the Society have preferred this application for impleading them as party for redressal of their grievances. 22. This application is also disposed of alongwith the main petition, with observation that the applicants may take recourse of law available to them for redressal of their grievances, if any, still survive. The parties are at liberty to use downloaded copy from the website of the High Court of Himachal Pradesh and the authorities concerned shall not insist for a certified copy, however, the authorities may verify the same from the official website of the High Court.