PYDA VENKATANARAYANA Vs. THOTA RAMASWAMY

JUDGEMENT

(1.) This petition in filed against the order passed by the Deputy Registrar of Co-operative Societies, Kakinada dated 23.8.1954 in A. R. G. No. 70/53-54 under Art. 227 of the Constitution. On 20.8.1954, the 1st petitioner herein filed an application before the Deputy Registrar of Co-operative Societies, Kakinada, that the proceedings in A. R. G. No. 70/53-54 might be transferred to another Deputy Registrar on the ground that he is a material witness and has to be examined as to what took place on the date of the election of the directors held on 22.7.1953. The Deputy Registrar by his order dated 23.8.1954 dismissed the application holding that the application was not bona fide. He further observed that "in the interests of quick disposal, regard being had to several circumstances explained above and in the interests of equity, justice and good conscience, and regard being had to the fact that the object of filing a dispute before the Deputy Registrar is to assure speedy disposal. I consider that any further delay in the disposal cannot be allowed."

(2.) In the application filed by the petitioners on 6.8.1954 for transfer of the case to the file of another Deputy Registrar and for the examination of the Deputy Registrar as a witness, it was alleged that he was present througout the election meeting, that he was aware as to what took place at the time and that, as the main questions to be decided in the election petition related to what transpired at the election meeting, he ought not to hear the election petition. It was also stated that as the Deputy Registrar was a material witness who had to be examined as to what happened at the election meeting, he ought not to act as a judge in respect of the dispute between the parties.The Deputy Registrar by his order dated 6.8.1954 rejected the application for transfer without giving any reasons and dismissed the applications for his examination as a witness in the following words: "Not necessary". Under Art. 226, of the Constitution, Writ Petn. No. 529 of 1954 (Andhra) (A), was filed before this Court and the following order was made by the learned Chief Justice on 16.8.1954 : "This is an application for issuing a writ of certiorari to quash the order of the Deputy Registrar of Co-operative Societies refusing to transfer the case now pending before him to some other competent Deputy Registrar. The petitioners case is that the Deputy Registrar is an important witness in the proceedings now before him inasmuch as he was present throughout the election and he was informed of that fact at an early stage of the proceedings. If that was a fact. I do not believe that responsible Officer like a Deputy Registrar would himself conduct the proceeding ignoring the request. If it was a fact, it is left to the good sense of the Officer to transfer the case to another Deputy Registrar, so that the petitioners may be in a position to examine him before the latter. But this application cannot be sustained either as a writ of Certiorari or as a writ mandamus. The application is dismissed."

(3.) On 20.8.1954, the petitioner once again applied to the Deputy Registrar to transfer the case to another Deputy Registrar relying on the observations made by the learned Chief Justice in W. P. No. 529 of 1954 (Andhra) (A). As already stated, the Deputy Registrar dismissed the application on 23.8.54 primarily on the ground that the transfer would involve further delay.