Radhakrishnan, J.

The question that is posed for consideration in these case is whether the Committee or Administrator appointed under sub-sections (1) and (1A) of Section 33 of the Co-operative Societies Act, 1969 could enroll members in exercise of the powers conferred under Section 33(2) of the Act.

2. A Full Bench of this court in Hassan v. joint Registrar of Co-operative Societies (1998 (2) KLT 746) interpreting the unamended provisions of sub-section (2) of Section 33 of the Act held that the power given to the Administrator to exercise all or any of the functions of the committee under sub-section (2) of Section 33 would not take in the power to enroll new members. Judgment was delivered by the Full Bench on 28.08.1998. Full Bench was interpreting the unamended provisions of Sub-section (2) of Section 33, which reads as follows:

(2) The committee or administrator or administrators appointed under sub-sections (1) and (1A) shall, subject to the control of the Registrar and to such instructions as he may from time to time give, have power to exercise all or any of the functions of the committee or of any officer of the society and take all such, action as may be required in the interest of the society.

The above mentioned provision was amended by Act 1 of 2000 with effect from 1st January 2000 and the amended provision reads as follows:

(2) The committee or Administrator or Administrator appointed under sub-sections (1) and (1A) shall, subject to the control of the Registrar and to such instructions as he may from time to time given, have power to exercise all or any of the powers and functions of the committee or of any officer of the society and take all such action as may be required in the interest of the society.

Contention was raised, in view of the amendment the Administrator could exercise all the powers and functions of the committee including enrolment of new members.

3. Apex Court had occasion to consider the scope of Section 30A (3) of the Karnataka Co-operative Societies Act in K. Shantharaj and another v. M.L. Nagaraj and others (1997) (6) SCC 37. The said provision is extracted below for easy reference.

(3) The Special Officer shall, subject to the control of the State Government and the Registrar, exercise and perform all the powers and functions of the committee of the cooperative society or any officer of the cooperative society and take all such sections as may be required in the interest of the cooperative society.

Interpreting the above provision, apex Court held;

It would be clear from the language of the provisions that the Administrator or special officer, subject to control of any of the functions of the society, and in the interest of the society can take such action as is necessary for proper functioning of the society as per law. He should conduct elections as is enjoined thereunder. In other words, he is to conduct election with the members as on the rolls and by necessary implication, he is not vested with power to enroll new members of the society.

Referring to the above mentioned decision, apex court in Joint Registrar of Co-operative Societies v. T.A. Kuttappan (2000 (2) KLT 480 (SC) held that the role of an administrator or a committee appointed by the Registrar while the committee of management is under super session, is as pointed out by the apex Court, cannot have power to enroll new members. If we carefully analyse the provisions of the Act, it would be clear that the administrator or a Committee appointed while the Committee of Management of the Society is under supersession cannot have the power to enroll new members and such a question ought not to be decided merely by indulging in an exercise on semantics in ascertaining the meaning of the expression “have power to exercise all or any of the function.’. Whether an authority is discharging a function or exercising a power will have to be ascertained with reference to the nature of the function or the power discharged or exercised