Sayeed Ahmad vs State of M.P. and Others

Sanjay Yadav, J.—With consent of learned counsel for parties matter is heard finally.

Order in this petition shall also govern disposal of W.P. No. 5008/ 2002.

Common cause of both the writ petitions is an order dated 28.3.2002 passed by the Deputy Registrar, Cooperative Societies Shahdol; whereby, the dispute of the nature u/s 64, Madhya Pradesh Cooperative Societies Act, 1960 (for short the Act of 1960) arising between the practitioners and Madhya Pradesh Rajya Laghu Vanopaj Sahkari Sangh Maryadit has been referred to the Divisional Forest Officer, North Forest Division Shahdol on the anvil of the notification issued by Government Madhya Pradesh Co-operative Department bearing No. F-5-12/2005/15-1, Bhopal dated 16.1.2002, whereby, the powers of the Registrar, Co-operative Societies have been delegated in favour of the Divisional Forest Officer.

The Dispute arises form the agreement regarding purchase of Tendu leaves from the Sangh.

The petitioner claims that the powers conferred upon Registrar Cooperative Societies, u/s 66 of the Act of 1960 can only be delegated by him and not by the State Government. It is the contention of the petitioner that the State Government has incursed within the powers of the Registrar. There is no merit in the contention of the petitioner.

Circular dated 16.1.2002 which is the centre of controversy stipulates.

Hindi Language Pg. No. 2702 and 2703

Section 3 of the Act of 1960 provides for

Registrar and other officers.-(1) The State Government shall appoint a person to be the Registrar of Co-operative Societies for the State and may appoint one or more officers of the following categories to assist him, namely:

(a) Additional Registrar of Co-operative Societies;

(b) Joint Registrar of Co-operative Societies;

(c) Deputy Registrar of Co-operative Societies;

(e) Such other categories of officers as may be prescribed.

(2) The officers appointed to assist the Registrar shall, within such areas as the State Government may specify, exercise such powers and perform such duties conferred and imposed on the Registrar by or under this Act as the State Government may, by special or general order, direct:

Provided that no officer other than the Additional Registrar or the Joint Registrar shall be directed to exercise the powers to hear appeals u/s 78.

(3) The officers appointed to assist the Registrar shall be subordinate to him and shall work under his general guidance, supervision and control.

The expression ''officer'' as it appears in the difinition clause in 1960 Act in the following terms:

2(t-i) "Officer" means a person elected or appointed by a society according to its bye-laws to any office of such society and includes a Chairman, Vice-Chairman, President, Vice-President, Managing Director, Manager, Secretary, Treasurer, Member of the Committee and any other person elected or appointed under this Act, the Rules or the bye-laws to give directions in regard to the business of such society;

It is thus within the powers of the State Government u/s 3 to appoint such other categories of officers to assist the Registrar. The officers so appointed shall be sub-ordinate to Registrar and shall work under his general guidance, supervision and control.

Section 66 of the Act 1960 provides for

Settlement of dispute.-(1) The Registrar may, on receipt of the reference of dispute u/s 64 decide the dispute himself, or transfer it for disposal to a nominee or board of nominees to be appointed by the Registrar.

(2) When a dispute is transferred under sub-section (1) for disposal by no a nominee or board of nominees, the Registrar may at any time, for reasons to be recorded in writing, withdraw such dispute from such nominee or board of nominees and may decide the dispute himself or transfer it again to any other nominee or board of nominees appointed by him for decision.

(3) The decision of a nominee or a board of nominees to whom any dispute is transferred for decision under this section shall, for the purposes of this Act, be deemed to be the decision of the Registrar.

When sections 3 and 66 are harmoniously read together, then in case where the State Government has specified any officer to assist the Registrar in exercise of the powers u/s 3, the Registrar in such case need not have to further exercise his powers u/s 66(1) of the Act of 1960 except to transfer the dispute to the officer specified.

In the case at hand Deputy Registrar was within his right to have transferred the dispute for adjudication to Divisional Forest Officer as per notification dated 16.1.2002.

In the result petition fails and is hereby dismissed. However, there shall be no costs.