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1999 Supreme(Cal) 563
High Court Of Calcutta
S. B. SINHA, M. H. S. ANSARI
DILIP CHOWDHURY - Appellant
Versus
REGISTRAR OF CO-OPERATIVE SOCIETIES, A AND N ISLANDS, PORT BLAIR - Respondent
C. O. 5271 Of 1988
Decided On : 10/13/1999
BIDYUT ROY, DIPANKAR GHOSH, SOMEN CHANDRA BOSE, TAPAN MUKHERJI
The President of India can appoint an Administrator to administer a Union Territory, and the Administrator would be the successor to the office of the Chief Commissioner and would be entitled to make appointments of Registrar in terms of the Regulations framed under Article 240 of the Constitution of India.
Headnote:
CO-OPERATIVE SOCIETY - APPOINTMENT OF REGISTRAR - POWER OF LIEUTENANT GOVERNOR - ANDAMAN AND NICOBAR ISLANDS CO-OPERATIVE SOCIETIES REGULATIONS, 1973 - SECTIONS 17 AND 18 OF THE GENERAL CLAUSES ACT - INTERPRETATION.
Fact of the Case:
The petitioners challenged the order of the Registrar of Co-operative Society, Andaman and Nicobar Islands, and the consequential notices, as well as the decision to amend the bye-laws, contending that the Registrar could not be appointed by the Lieutenant Governor under the Andaman and Nicobar Islands Co-operative Societies Regulations, 1973.
Finding of the Court:
The court held that the President of India could appoint an Administrator to administer a Union Territory, and that the Administrator would be the successor to the office of the Chief Commissioner and would be entitled to make appointments of Registrar in terms of the Regulations framed under Article 240 of the Constitution of India. The court also held that Sections 17 and 18 of the General Clauses Act would come into play when a functionary under a statute is replaced by another, and that the replacement of Chief Commissioner by Lieutenant Governor as Administrator would entitle the latter to exercise the executive power conferred upon him by the statute.
Issues: Whether the Registrar of the Co-operative Society could be appointed by the Lieutenant Governor under the Andaman and Nicobar Islands Co-operative Societies Regulations, 1973.
Ratio Decidendi: The court relied on Articles 239, 240, and 243 of the Constitution of India, as well as Sections 17 and 18 of the General Clauses Act, to hold that the President of India could appoint an Administrator to administer a Union Territory, and that the Administrator would be the successor to the office of the Chief Commissioner and would be entitled to make appointments of Registrar in terms of the Regulations framed under Article 240 of the Constitution of India. The court also held that Sections 17 and 18 of the General Clauses Act would come into play when a functionary under a statute is replaced by another, and that the replacement of Chief Commissioner by Lieutenant Governor as Administrator would entitle the latter to exercise the executive power conferred upon him by the statute.
Final Decision: The court held that the principal point for which the matter had been referred to the division bench should be answered against the writ petition and directed that the matter be placed before an appropriate bench for adjudication of the writ petition on merit.
( 1 ) IN these writ applications the petitioners have, inter alia, questioned an order dated 24-2-1988 passed by the Registrar of Co-operative Society, Andaman and Nicobar Islands, Port Blair and the consequential notices dated 11-3-88, 16-5-88 as also the purported decision toamend the bye-laws dehorsing the Rules 20 and 26 of the Andaman and Nicobar Island Co-operative Society Rules, 1974 issued by the Administrator of Bangashree Co-operative Coconut Farming Society Ltd. , who had been appointed in the year 1985.
( 2 ) ALTHOUGH several questions have been raised in these writ applications, the learned Counsels for the parties have addressed us only one question namely, as to whether the Registrar of the Co-operative Society could be appointed by the Lieutenant Governor in terms of the Andaman and Nicobar Islands Co-operative Societies Regulations, 1973 (hereinafter referred to as the said Regulation ). The said Regulation was promulgated by the President of India in exercise of his power under Article 240 of the Constitution of India.
( 3 ) AT that point of time Andaman and Nicobar Islands was Part-D State. However, by reason of constitution of 7th amendment it became a Part-C State. The Administration of Andaman and Nicobar Islands admittedly was in the hands of the Chief Commissioner. 'chief Commissioner' in the said Regulation has been defined to mean the Chief Commissioner of the Union Territory of the Andaman and Nicobar Islands.
( 4 ) THE said Regulation was, thus, made by the President in exercise of his Power under Article 240 of the Constitution of India. There cannot be any doubt in view of the decision of the Apex Court in Goa Sampling Employees' Association v. G. S. Co. (India) Private Ltd. reported in AIR 1985 SC 357 that the President may act through an Administrator appointed by him. Administrator is, thus, a delegatee of the President.
( 5 ) WITH a view to answer the question raised the history of the said Islands may be traced out :-"under Section 58 of the Government of India Act, 1915-19 Andaman and Nicobar Islands was a Chief Commissioner's province and it was provided inter alia that -"each of the following province namely which is known as North West Frontier Province, British Baluchistan, Azmir, Merwara, Coorg and Andaman and Nicobar Islands is, subject to the provision of the Act, administered by the Chief Commissioner. "part VI of Government of India Act, 1919 dealt with Legislation for India particularly Section 73 of Government of India Act, 1919, the power of Legislation of Lieutenant Governor and Chief Commissioner's provinces. Section 94 of Government of India Act, 1935 defines the Chief Commissioner's provinces and provides inter alia that-"the following shall be the Chief Commissioner's Province that is to say heretofore existing Chief Commissioner's Province-Delhi, Azmir, Merwara, Coorg and Andaman and Nicobar Islands, the areas known as Panthpiploda and such other Chief Commissioner's province as may be created by the Act. (ii) Aden shall cease to be Part of India; (iii) The Chief Commissioner's Province shall be administered by Governor General acting to such extent as he thinks fit and proper, the Chief Commissioner may be appointed by him in his discretion. "section 96 of the Government of India Act, 1935 provides inter alia that -" "the provision of sub-Section (3) of the last preceding section shall apply in relation to the Andaman and Nicobar Islands as they apply in relation to British Baluchistan". On attainment of Dominion status on 15th August, 1947 under Indian Independence Act, 1947, the power of Legislature on dominion was exercisable by the Constituent Assembly under sub-Section (1) of Section 8 which runs as follows :-"8 (1) - In the case of each of the new Dominions, the powers of the Legislature of the Dominion shall, for the purpose of making provision as to the Constitution of the dominion, be exercisable in the first instance by the Constituent Assembl
