ADARSH ADIVASI MACHHCHUA SAHKARI SAMITI MARYADIT Vs. JOINT REGISTRAR, COOPERATIVE SOCIETIES, JABALPUR DIVISION, JABALPUR (M.P)

JUDGEMENT

(1.) This petition has been filed by the petitioner being aggrieved by the order dated 22.12.2011 (Annexure P/5) passed by the Joint Registrar, Cooperative Societies whereby the registration of the petitioner/society under Sec. 9 of the Cooperative Societies Act, 1960 (hereinafter referred to as the "Act ") has been cancelled on the ground that the proceedings for registration of the petitioner society were taken up by the officer under Sec. 9 of the Act, without giving proper opportunity of hearing or considering the objections of the respondents no.6 and 7 who were directly effected persons.

(2.) The petitioner as well as respondent no.6 are the Society of Fishermen. The petitioner/Society applied for its registration under section 9 of the M.P. Co-operative Societies Act, 1960 for the purposes of getting fishing rights. However, as some of the members of the petitioner/Society were not local residents of the village for which the Society was sought to be registered, the rival Society of the petitioner i.e. respondent no.6 filed an objection against the registration in spite of which the petitioner/Society was registered by the competent officer under section 9 of the Act. The respondent nos.6 and 7, being aggrieved by the registration of the petitioner/Society, filed a revision before the Joint Registrar, Co-operative Societies, Jabalpur against the order passed by the Officer under section 9 of the Act, and the Joint Registrar, Jabalpur, by the impugned order dated 22.12.2011 has set aside the order passed by the Registration Officer, being aggrieved by which the petitioner has filed the present petition.

(3.) The learned counsel for the petitioner/Society submits that the impugned order passed by the Joint Registrar, Cooperative Societies, Jabalpur is without jurisdiction inasmuch as the revision as filed by the respondents no.6 and 7 was not maintainable before the Joint Registrar, Co-operative Societies as the provisions of Sec. 80-A of the Act do not provide for entertaining revision against an order passed by a subordinate officer but can be entertained only against some proceedings that are pending in view of the decision of this Court rendered in the case of Lokendra Singh Bhadoriya and another Vs. Board of Revenue and others (1996 RN 393); that a revision can be filed before and be decided only by the Registrar, Cooperative Societies and not by the Joint Registrar under Sec. 80-A of the Act; that the order of registration passed under the Act, by the registering authority is final and therefore it could not have been examined in revision by the Joint Registrar in the impugned proceedings of revision; that the respondent had invoked the provisions of Sec. 80-A of the Act without first seeking the remedy of de-registration as provided and prescribed under Sec. 18-A of the Act and in such circumstances the Joint Registrar, Cooperative Societies could not have directly entertained the revision.