GRAMONNATI KRISHI CO OPERATIVE SAMITI MARUADIT KAJLANA Vs. ASSISTANT REGISTRAR CO OPERATIVE SOCIETIES INDORE

JUDGEMENT

(1.) THIS order shall also govern the disposal of Miscellaneous Petition No. 150 of 1971 (Bhoorakhan v. The Assistant Registrar of Co-operative Societies, Indore and others ). This petition by the Society is directed against an order of the Assistant registrar, Cooperative Societies. Indore, dated the 10th June, 1966, for its supersession under section 53 of the Madhya Pradesh Co-operative Societies act, 1960 (17 of 1961), which has been affirmed in appeal by both, the Joint registrar and the State Government. The connected petition is by a member of the superseded society against the order of the Assistant Registrar dated 11th August, 1971, for its liquidation under section 69 of the Act.

(2.) THE most crucial question that arises in these petitions is, whether the Assistant Registrar was or was not competent to exercise the powers of supersession of the Registrar under section 53 of the Act. That depends on a construction of section 3 (2) of the Act which provides for delegation of powers of the Registrar. Learned counsel for the petitioner strenuously contends that the petitioner society being a primary farming society, the power of supersession in relation thereto, would be exercised either by the Registrar or the deputy Registrar, and not by the Assistant Registrar. He urges that the supersession being illegal, no officer-in-charge could be validly appointed. He also urges that the officer-in-charge had no statutory authority to represent the society; and therefore, the report that he made for its liquidation could not be acted upon by the Assistant Registiar. There is no merit in the contention.

(3.) SECTION 3 (2) of the Act reads as follows :