The main legal point established in the judgment is that a dispute under S.69 of the Co-operative Societies Act can only be referred and decided by a Registrar appointed under S.3(1) or a Registrar under S.2(p) of the Act, and the Special Grade Inspector does not have jurisdiction to decide such disputes.

J.B. Koshy, J.

On the basis of the directions in Ext. P1 order of this Court the election was conducted in Peringode Service Co-operative Bank Ltd. and petitioners were successful in the election. The seventh respondent filed a dispute under S.69 of the Co-operative Societies Act challenging the election. The election was set aside by Ext. P9 order. Apart from the various contentions raised by the petitioners one of the major contention is regarding jurisdiction of the Arbitrator. Petitioners' contention is that the order was passed by the Special Grade Inspector and not by the Registrar, Joint Registrar or Assistant Registrar and that the Arbitrator who is a Special Grade Inspector has no jurisdiction to deal with the dispute. Since the matter relates to jurisdiction of the Arbitrator in passing the award, instructions were taken by Government Pleader for respondents 1 to 6. Advocate Sri. P.C. Sasidharan appeared for the seventh respondent.

2. In the counter affidavit filed by the learned Government Pleader there is no averment regarding jurisdiction of the Arbitrator and that matter is virtually uncontested. It is argued by the seventh respondent that in view of the provisions of S.70(b) and (c) of the Co-operative Societies Act, Registrar can transfer or refer the arbitration disputes received by him under S.69 for arbitration to any person who has been invested by the Government with powers in that behalf. The proviso makes it clear that it shall be to an inferior officer. It was also argued that the above proviso was added in view of the decision of this Court in Antony Varghese v. A & E Inspector (1986 KLT 274) which was subsequently overruled by a Division Bench decision in A & E Inspector, Asst. Registrar Office, Udumbanchola & Ors. v. Antony Varghese (1987 (2) KLT 23 3). In the above case, it was held that Assistant Registrar to whom the power under S.70 of the Act has been conferred can be regarded as Registrar for the purpose of S.70(1)(b) and (c) of the Act, as he answers the definition of Registrar in S.2(p) of the Act. Therefore, it was held by the Division Bench that any of the Registrars as mentioned under S.2(p) of the Act can decide the matter. It is also stated that there is nothing in the context to take the view that the Registrar contemplated under S.70(1) is only Registrar appointed under S.3(1) of the Act. It was also decided that since it is an appealable order, this Court should not interfere under Arts.226 or 227 of the Constitution of India.

3. The arbitration dispute was filed as provided under S.69 of the Act. It provides that not withstanding ng anything contained in any law for the time being in force, if a dispute arises as mentioned in the Section shall be referred to the Registrar for decision. In explanation it is stated that in this section and in S.70, the term "Registrar" means the Registrar of Co-operative Societies appointed under sub-s.(1) of S.3 and includes any person on whom the powers of the Registrar under this section and S.70 are conferred. Under S.2(p) 'Registrar' means the Registrar of Co-operative Societies appointed under sub-s.(1) of S.3 and includes any person on whom all or any of the powers of the Registrar under this Act are conferred. S.3 provides that the Government may appoint a person to be the Registrar of Co-operative Societies for the State; and the Government may by general or special order confer on any person all or any of the powers of the Registrar under the Act. Therefore, according to me, a dispute under S.69 can be referred and decided only by a Registrar appointed under S.3(1) or a Registrar under S.2(p) of the Act. By the powers of the Government under S.3(1) of the Co-operative Societies Act Government issued notification No. 255/69/Ad dated 28.6.1969 by which Additional Registrar, Joint Registrar, Deputy Registrar and Assistant Registrar are given powers of the Registrar for various matters. Therefore, only those officers will be deemed to be