C S MOHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) By consent Off parties, this matter was treated to be in the, list for hearing today and was accordingly heard.

(2.) In this petition the petitioner who' is a member of the, 6th respondent society, has challenged the; order of stay passed, by the State, Government in ROC 335 COF 78, dated 19-12-1978, staying the operation of the order dated 8-12-1978 of the Director of Sugar and, Additional Registrar of Cor operative, Societies in Karnataka, Bangalore, in No. DSO|262|COP|78 disqualifying the 3rd, and the, 4th respondents for being continued, on the committee of management of the Gauribidanur Sahakara Sakkare, Karkhane Ltd., Gauribidanur. The, petitioner has also further prayed for quashing of the proceedings pending before the Government. The contention, of the petitioner is that the appeal preferred by the 3rd respondent before the State Government is not maintainable inasmuch as the order passed, under S.2SC of thq Karnataka, Co-operative Societies Act, 1959 (hereinafter rer ferred to as the Act) is the one passed by the Additional Registrar of Co operative Societies who is subordinate to the Registrar of Cooperative Societies as per thq notification issued by the State Government bearing No. RDC. 30 CLM. 78, dated 5th July 1978, determining the hierarchy of the officers. As per the said notification, the Additional Registrar of CorOperative Societies is subordinate to the Registrar of Co-operative Societies. On the basis of this, Shri H. Subrarnanya Jois, the learned, Counsel appearing for the petitioner, contended that though S. 29C of the Act provides that the power under the said Section has to be exercised, by the Registrar of Co-operative, Societies but in view of the definition of the word "Registrar" as contained in Section 2 (i) of the Act, which includes the Additional Registrar also and that being so, the Additional Registrar has rightly exercised the powers under Section 29C of the Act, and the Additional Registrar being thq subordinate to the Registrar as per the notification referred to above an appeal lies to the Registrar against the order of the Additional Registrar under Section 2,9C of the Act and, not to the State Government; therefore, it was contended that thei proceedings pending in the: form of an appeal before the State, Government are not maintainable and as the, said proceedings are liable to be quashed, consequently the order of stay granted in such a proceeding is without jurisdiction and thq same is also liable to be quashed.

(3.) In reply to the arguments of Shri Subrarnanya Jois, it was contended on behalf of the, respondent-4 that thq power of the Registrar of Co-operative Societies under Section 29C of the Act has been delegajted to the Director of Sugar who is also designated as the Additional Registrar of Co-operative Societies therefore, the Additional Registrar exercised the power of thq Registrar and as such, the, appeal filed before the State Government as against the order of the Additional Register of Co-operative Societies was maintainable.