Andhra Pradesh High Court
Judges : A.LAKSHMANA RAO, YOGESHWAR DAYAL
Pothana Tata Rao - Appellant
Versus
Government Of A.P. - Respondent
Decided On : 10-18-89
CO-OPERATIVE SOCIETIES - REVISION PETITION - COMPETENCY - DEPUTY REGISTRAR - GOVERNMENT - SECTION 77 OF THE A. P. CO-OPERATIVE SOCIETIES ACT, 1964 - INTERPRETATION - SCOPE - DEPUTY REGISTRAR APPOINTED UNDER SECTION 3 (1) OF THE ACT - WHETHER A REGISTRAR FOR THE PURPOSES OF SECTION 77 (1) - WHETHER GOVERNMENT CAN ENTERTAIN A REVISION PETITION DIRECTLY FROM THE ORDER OF SUCH DEPUTY REGISTRAR.
Fact of the Case:
A Deputy Registrar of Co-operative Societies passed an order under Section 21-A A and Section 34 of the A. P. Co-operative Societies Act, 1964, disqualifying the President of a Primary Agricultural Co-operative Society and appointing a Special Officer in his place. The disqualified President filed a revision petition before the Government under Section 77 of the Act. A member of the Society filed a writ petition for a writ of prohibition restraining the Government from entertaining the revision petition.
Finding of the Court:
The High Court dismissed the writ petition, holding that the revision petition filed by the disqualified President was competent under Section 77 of the Act.
Issues: Whether a revision petition can be filed directly before the Government against an order passed by a Deputy Registrar of Co-operative Societies under Section 21-A A and Section 34 of the A. P. Co-operative Societies Act, 1964.
Ratio Decidendi: The definition of "registrar" in Section 2 (n) of the Act includes any person on whom all or any of the powers of the Registrar under the Act are conferred. The Deputy Registrar was appointed under Section 3 (1) of the Act and was exercising the functions of a Registrar for the purpose of Rule 24 (3) while deciding a matter arising under Section 21-AA. Therefore, the Deputy Registrar was a Registrar for the purposes of the second part of Section 77, which empowers the Government to entertain a revision petition directly from the order of a Registrar.
Final Decision: The Writ Appeal was dismissed.
( 1 ) THIS Writ Appeal raises a question as to the scope of Section 77 of the a. P. Co-operative Societies Act, 1964, hereinafter referred to as the Act .
( 2 ) IT appears that an order dated 28-8-1989 was passed by the Deputy registrar of Co-operative Societies, Kovvur, under Section 21-A A and Section 34 of the Act. By that order, the Deputy Registrar held that p. Sathyanarayana was disqualified to continue as President of Bayyanna gudem Primary Agricultural Co-operative Society and also passed an order appointing the Branch Manager, Co-operative Central Bank, Koyyalagudem, as Special Officer in the place of P. Sathyanarayana who was disqualified to continue as President of the Co-operative Society. The Special Officer was also directed to exercise his powers subject to the general control of the registrar.
( 3 ) P. Sathyanarayana, being aggrieved by the order of the Deputy registrar, has preferred a revision under Sec. 77 of the Act.
( 4 ) THE present Writ Petition has been filed by a member of the Primary agricultural Co-operative Society, Bayyannagudem, for the issue of a writ of prohibition restraining the Government from entertaining the revision petition filed by P. Sathyanarayana.
( 5 ) THE learned single Judge dismissed the Writ Petition after holding that the revision petition filed by the disqualified President against the aforesaid order passed by the Deputy Registrar was competent under Section 77 of the Act.
( 6 ) THE member being aggrieved by the order of the learned single judge, has filed the present Writ Appeal. Learned Counsel for the appellant submits that under Sec 77, the revision can only be filed before the registrar of Co-operative Societies since the Deputy Registrar is subordinate to the Registrar and that it is only against such an order passed in revision by the Registrar that a further revision could be filed before the government. It is submitted that directly a revision against the order of the Deputy Registrar could not be filed before the Government. Sub-rule (3) of Rule 24 of the A. P. Co-operative Societies Rules, 1964 provides how disqualification of a member is to be inquired into. It reads as under :"24 (3 ). If any person is or becomes disqualified to be a member of the committee, the Registrar may, on his own motion or on a representation made to him by any member of the committee of the said society or its financing bank, by an order in writing declare that he shall cease to be a member of the committee of the society concerned, from the date of such disqualification. Before passing an order, the Registrar shall give such person an opportunity to state his objections, if any, to the proposed action and if the person wishes to be heard, he shall be given an opportunity to be heard. The Registrar s decision shall be final and binding on the society, and it shall not be called in question in any Court". It may thus be noticed that power is conferred on the Registrar to pass orders as contemplated by Section 21-AA. Section 3 (1) of the Act provides for appointment of a Registrar of Co-operative Societies and as many other persons as the Government think fit for the purposes of the Act. Sec. 3 reads:"3. (1) There shall be appointed a Registrar of Co-operative societies for the State and as many other persons as the Government think fit for the purposes of this Act. (2) Every other person appointed under sub-section (1) shall exercise, under the general superintendence of the Registrar, such powers of the Registrar under this Act as the Government may, from time to time, confer on him. "at this stage, it is relevant to refer to the definition of "registrar" given in Section 2 (n) of the Act, which is as under:"2. (n) registrar means Registrar of Co-operative Societies appointed under Section 3 (1) and includes any other person on whom all or any of the powers of the Registrar under this Act are conferred. "it may thus be noticed from the definition of "registrar" that i
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