DUKALU CHANDRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this writ petition, filed under Article 226/227 of the Constitution of India, the petitioner has called in question the order dated 01.08.2012 (Annexure P-1) passed by Respondent No.5/ S.D.O. (Revenue), Sakti, District Janjgir Champa, allowing the election dispute raised by respondent No.2 and setting aside his election.

(2.) While deciding the dispute, the SDO (Revenue) has exercised the powers u/s 64(2)(V) read with section 66 of the Cooperative Societies Act, 1960 (for short the Act, 1960). Under Section 66 of Act, 1960, Registrar has power to decide the dispute u/s 64 himself or transfer it for disposal to a nominee or Board of nominees to be appointed by him and such decision of a nominee shall for the purpose of the Act, be deemed to be the decision of the Registrar. U/s 3 of the Act, the Registrar is appointed by the State Government and similarly, other officers are also appointed to assist him. Proviso to sub-section (2) of Section 3 says that the officers appointed to assist the Registrar shall within such areas, as the State Government may specify, exercise such powers and perform such duties conferred and imposed on the Registrar by or under this Act as the State Government may, by special or general order, direct. Thus while performing the duties of a nominee of Registrar which includes the Deputy Registrar/Assistant Registrar before whom the election dispute was presented and later on made over, the SDO (Revenue) discharges the functions of the Deputy Registrar or the Assistant Registrar, as the case may be.

(3.) The order passed by the Deputy Registrar is appealable before the Joint Registrar u/s 77 of the Act and thereafter, a second appeal is also provided. In the matter of Madhosingh and others v. S.D.O. Shujalpur and others,1997 RN 233, similar view was taken that when the election petition is decided by the SDO (Revenue) as nominee of the Registrar, such an order is appealable u/s 77 of the Act.