S.A. Bobde, J.

1. 1. Rule returnable forthwith. Heard by consent.

2. 2. By this petition, the petitioner questions the jurisdiction of the State Government to entertain an appeal against an order passed by the Divisional Joint Registrar, Co-operative Societies, Amravati.

3. 3. The petitioner filed a Complaint, under Section 78 of the Maharashtra Co-operative Societies Act, 1960 (for short, the Act") before the Divisional Joint Registrar, Co-operative Societies, Amravati Division, Amravati, claiming that the respondent is disqualified and cannot continue to be a member of the Board of Director of Buldhana District Central Co-operative Bank and sought action against the respondent No. 3. By order dated 27th June, 2003, the Divisional Joint Registrar, Co-operative Societies, Amravati Division, Amravati, removed the respondent No. 3 from the Board of Directors of the said Bank.

4. 4. Against the said order of the Divisional Joint Registrar, the third respondent preferred an appeal under Section 152 of the Act before the State Government. After hearing the parties, by the order dated 25th July, 2003, passed by the Minister of State (Co-operation), Mantralaya, Mumbai, stay was granted to the order of the Divisional Joint Registrar. It is this order dated 25th July, 2003, passed by the Minister of State, which is impugned in this petition and in particular question of jurisdiction of the State Government to entertain the appeal under Section 152 of the Act.

5. 5. Mr. Madkholkar, the learned Counsel appearing on behalf of the petitioner, submitted that the State Government has no jurisdiction to entertain the appeal in view of the provisions of Section 152 of the Act. Section 152 of the Act, to the extent it is relevant reads as under:

"152. (1) An appeal against an order or decision under Sections 4, 9, 11, 12, 13, 14, 17, 18, 19, 21, 21A, 29, 35, 77A, 78, 79, 85, 88 and 105 including against an order for paying compensation to society shall lie, --

.(a) if made or sanctioned or approved by the Registrar, or the Additional or Joint Registrar on whom powers of the Registrar are conferred, to the State Government,

.(b) if made or sanctioned by any person other than the Registrar of the Additional or Joint Registrar on whom the powers of the Registrar are conferred to the Registrar."

6. According to the learned Counsel for the petitioner the order passed by the Divisional Joint Registrar, Co-operative Societies, Amravati Division, Amravati being an authority or person other than the Registrar or Additional or Joint

Registrar, jurisdiction to entertain such an appeal is vested only on the Registrar. In view of this, the only point that requires consideration is : Whether a Divisional Joint Registrar, is equivalent to a Registrar, Additional or Joint Registrar and whether an appeal would lie to the State Government under Clause (a) of Section 152 of the Act.

2. 7. Mrs. Dangre, the learned Asstt. Govt. Pleader, appearing on behalf of the respondent - State and Shri B.P. Dharmadhikari, the learned Counsel appearing for the respondent No. 3, submitted that the Registrar. Additional or Joint Registrar are, for the purpose of Section 152 of the Act, of the same status. It is contended by them that the Divisional Joint Registrar is an authority equivalent to a Joint Registrar. Section 3 of the said Act is relevant for the purpose, which reads thus :

"3. The State Government may appoint a person to be

the Registrar of Co-operative Societies for the State;

and may appoint one or more persons to assist such

Registrar, with such designations, and in such local

areas or throughout the State as it may specify in that

behalf, and may, by general or special order, confer

on any such person or persons all or any of the

powers of the Registrar under this Act. The person or

persons so appointed to assist the Registrar and on

whom any powers of the Registrar are conferred, shall

work under the general guidance, superintendence

and control of the R