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2001 Supreme(P&H) 338

PUNJAB AND HARYANA HIGH COURT
R.S. Mongia and K.C. Gupta, JJ.
Kamal Pal - Petitioner
Versus
The Additional Registrar (I) Cooperative Societies, Punjab - Respondent
Civil Writ Petition No. 8046 of 1999.
Decided On : 13 March, 2001

Advocates Appeared:
For the Petitioner:Mrs. Sushma Chopra, Advocate.
For the Respondent No. 3:R.K. Sharma, Advocate.
For the Respondent No. 4:K.K. Saini, Advocate.

The main legal point established in the judgment is the interpretation of the appellate and revisional jurisdiction of authorities under the Punjab Co-operative Societies Act, 1961, specifically focusing on the powers of the Additional Registrar.

Headnote:

Cooperative Societies - Jurisdiction of Additional Registrar - Punjab Co-operative Societies Act, 1961, Section 55, 68, 69

Fact of the Case:

The case involved a dispute arbitrated under Section 55 of the Punjab Co-operative Societies Act, 1961. The appeal against the arbitration award was decided in favor of the petitioner by the Assistant Registrar, but the revision petition filed by the respondent was decided against the petitioner by the Additional Registrar.

Finding of the Court:

The court found that the Additional Registrar had the jurisdiction to decide the revision petition and that there was no lack of jurisdiction in the decision. The court also found no infirmity in the decision on merits.

Issues: The main issue was whether the Additional Registrar had the power and jurisdiction to decide the revision petition filed by the respondent after the appeal was decided in favor of the petitioner by the Assistant Registrar.

Ratio Decidendi: The court interpreted Sections 68 and 69 of the Punjab Co-operative Societies Act, 1961 to determine the appellate and revisional jurisdiction of different authorities. It held that the Additional Registrar had the authority to decide the revision petition under Section 69 of the Act.

Final Decision: The petition was dismissed by the court.

JUDGMENT

R.S. Mongia, J. (Oral) - The point in this petition for consideration is as to whether the Additional Registrar, Cooperative Societies had the power and jurisdiction to decide the revision petition filed by respondent No. 4-Shri Harjit Singh, which decision has gone against the petitioner.

2. De-hors of the details, suffice it to mention that matter was referred to an Inspector, Co-operative Societies for arbitration under Section 55 of the Punjab Co-operative Societies Act, 1961 (hereinafter called "the Act"), regarding a particular dispute which was decided against the petitioner and liability of Rs. 12, 000/- as principal amount, besides interest and costs, was fastened against the petitioner. He filed an appeal against the award given by the Arbitrator (in this case an Inspector of Co-opertive Societies). The appeal was heard by the Assistant Registrar, Co-operative Societies. Vide order dated 12.11.1996 (Annexure P-2), the appeal was decided in favour of the petitioner and against respondent No. 4. Respondent No. 4 then filed revision petition which was heard by the Additional Registrar, Cooperative Societies and the decision went against the petitioner and in favour of respondent No. 4. Copy of order is appended as Annexure P-3, dated 9.2.1999. Hence the present writ petition.

3. Learned counsel for the petitioner argued that the Assistant Registrar having decided the appeal of the petitioner while exercising the powers of Registrar, revision under Section 69 of the Act lay before the Government and not before the Registrar/Additional Registrar. The argument proceeded that the Assistant Registrar while deciding the appeal was deciding the same as delegatee of the Registrar and therefore, Additional Registrar or even the Registrar could not decide the matter in revision petition as the powers of the Registrar had already been exercised by the Assistant Registrar while deciding the appeal. Reliance has been placed on judgment of this Court in Brij Lal v. The State of Punjab and others, 1973 PLJ 462.

4. To appreciate the argument, provisions of Sections 68 and 69 of the Act may be noticed :

"68. Appeals. - (1) An appeal shall lie under this section against :

(a) an order of the Registrar made under sub-section (2) of Section 8 refusing to register a society;

(b) an order of the Registrar made under sub-section (4) of Section 10 refusing to register an amendment of the bye-laws of a co-operative society;

(bb) an order of the Registrar made under Section 10-A directing amendment of bye-laws of a co-operative society;

(c) a decision of a co-operative society, other than a producers society refusing to admit any person a member of the society who is otherwise duly qualified for membership under the bye-laws of the society;

(d) a decision of co-operative society expelling any of its members;

(e) an order made by the Registrar removing or suspending a committee or a member thereof under Section 27;

(f) an order made by the Registrar under Section 52 apportioning the costs of an inquiry held under Section 50 or an inspection made under Section 51;

(g) any order of surcharge under Section 54;

(h) any decision or award made under Section 56;

(i) any order made by the Registrar under Section 57 directing the winding up of a co-operative society;

(j) any order made by the liquidator of a co-operative society in exercise of the powers conferred on him by Section 59;

(k) any order made under Section 65;

(l) grant of a certificate under Section 67-A for the recovery of the amount due from a member on account of loan and interest thereon;

(2) An appeal against any decision or order under sub-section (1) shall be made within 60 days from the date of decision or order :

(a) if the decision or order was made by the Assistant Registrar, to the Deputy Registrar;

(b) if the decision or order was made by the Deputy Registrar, to the Registrar or such Additional Registrar or Joint Registrar as may be authorised by the Registrar in this behalf;

(c) if the















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