J K ANAND Vs. REGISTRAR CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) The jurisdiction of the Civil or Revenue Court has been barred under Section 93(b) when the order for removal of the committee is passed under Section 32 of the Act. Under Section 94 of the Act in exercising the functions conferred on him by or under the Act, the Registrar, the arbitrator or any other person deciding a dispute under Section 61 and the liquidator of a co-operative society or person entitled to audit, inspector hold an inquiry and the Tribunal shall have all the powers of a Civil Court, while trying a suit, under the Code of Civil Procedure. 1908 in respect of the following matters, namely:-

(2.) Under Section 93 .(3) no order, decision, or award made under the Act shall be questioned in any Court on any ground whatsoever.

(3.) A perusal of Sections 93 and 94 indicates that the jurisdiction of the Civil or Revenue Court insofar as removal of committee is concerned had been barred and given to the Registrar under Section 32 of the Act and such an order has been made final and cannot be questioned in any Court of law. The Registar has been given powers of Civil Court to summon any witness for examination on oath etc. Further the Act has provided for appeal and revision against the order of the Registrar passed under Section 32 of the Act and is a complete code itself for scrutiny of the order of the Registrar. Therefore, this leaves no manner of doubt that the impugned order passed by the Joint Registrar as a quasi-judicial order if not judicialand that order can be passed only after complying With the principles of natural justice and on the basis of material available on record and examining the objections raised by the committee, if any, against the supersession.