Shimla, November 6: The Himachal Pradesh High Court has upheld the membership rights of four truck operators in the Bilaspur District Truck Operators Transport Cooperative Society Limited, directing the society to restore their rights and implement the government’s appellate order forthwith.
Justice Sandeep Sharma, while dismissing CWP No. 3815 of 2026 on November 3, held that the four operators were valid and longstanding members of the society and had been deprived of their voting rights, participation in meetings and election processes without notice or justifiable reasons.
The dispute arose after the society shifted the trucks belonging to the four operators from Gatta No. 1 to Gatta No. 2 and classified them as nominal members, allegedly because they were carrying on business in Kiratpur, Punjab.
The society, registered on February 14, 1983, with 62 members, had entered into an agreement with ACC Cement, Barmana, for transporting cement from its factory to different destinations in Himachal Pradesh and neighbouring states.
Its membership and truck attachment arrangements became contentious after the number of members crossed 1,500 and the fleet increased to around 2,000 trucks in 2001, without a corresponding increase in transportation work. The society subsequently imposed a ban on registration of new trucks.
Under the society's system, each truck was allotted a number called a 'Gatta', which determined its eligibility for transportation work. Trucks were assigned cement carriage work through a daily rotational list.
The society had also amended its bylaws in 1993, introducing a condition that prospective members should be residents of Bilaspur district for generations and own land in the district before 1970. Those purchasing land after 1970 were to be treated as nominal members. Another amendment in 2001 restricted members from owning more than two trucks.
The four respondents challenged their classification as nominal members under Section 72 of the Himachal Pradesh Cooperative Societies Act, 1968. The Joint Registrar, Cooperative Societies (Marketing), dismissed their dispute on April 11, 2023.
They subsequently approached the Secretary (Cooperation) to the state government under Section 93(1) of the Act. On December 22, 2025, the appellate authority reversed the Joint Registrar's order and directed the society to allow them to exercise their membership rights under the applicable Act, Rules and bylaws.
Challenging this decision, the society approached the High Court, arguing that the four operators were not residents of Bilaspur district and had been conducting their business in Kiratpur, Punjab. It maintained that their classification as nominal members was justified under its bylaws.
However, counsel for the four operators argued that they were permanent residents of Bilaspur and were also agriculturists. Their business activities in Kiratpur, she submitted, could not disqualify them from operating their trucks through the society. She also pointed out that their father was a founder member and the trucks had been attached to the society during his lifetime.
The court noted that respondents No. 5 and 6 had been enrolled as members in 1990, while respondents No. 7 and 8 became members in 1996 and 1994, respectively.
Examining their membership records, identity cards issued by the then administrator, enrollment registers, membership numbers and agricultural certificates, the court found that all four were permanent residents of Bilaspur district.
Justice Sharma observed that the society had failed to produce material evidence to dispute their existing membership. The court further noted that the four operators had not sought fresh enrollment but were already members before the 2001 ban on registration of new trucks.
The High Court upheld the December 22, 2025 order of the Secretary (Cooperation), dismissed the society's writ petition and directed it to implement the appellate authority's directions in letter and spirit forthwith.
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