LIYAKAT ALI Vs. BOARD OF REVENUEM P GWALIOR

JUDGEMENT

(1.) This is a reference made to this Bench by one of us for answering the question : "Whether the provisions of Rule 66 (6) (iv), M. P. Co-operative Societies Rules, 1962, operate as a bar to an appeal under Section 77 and revision under Section 80 M. P. Cooperative Societies Act?" The learned single Judge while making the reference has referred to two decisions of this Court, both Division Bench decisions, in which the question has been considered. In one of them, i.e. the decision in Misc. Petn. No. 131 of l971 (Sirajratan v. The Joint Registrar. Co-operative Societies. M. P., decided on 2-21972 a Division Bench held that Rule 66 (6) (iv) will not come in the way of revisional jurisdiction under Section 80. M. P. Co-operative Societies Act, as it was held in that judgment that the revisional powers under Section 80 have been conferred under the Act itself and the rules framed under the Act cannot override (he provisions of the Act. The other Division Bench decision to which reference has been made by the learned single Judge in the reference order is the judgment in Mannulal v. Krishi Sahakari Sakh (Sakhar?) Samiti Narola Heerapur 1975 RN 131. In this judgment it has been held :

(2.) Section 77, it is not disputed, provides for an appeal. It reads :

(3.) So far as the revisional jurisdiction is concerned, Section 80 clearly provides :