D.K.Seth, J. - (1.) The learned counsel for the petitioner had taken a simple but an interesting point. An order has been passed in exercise of Section 128 of the U.P Co-operative Societies Act by the District Assistant Registrar. According to Mr. Triloki Nath, power under Section 128 can be exercised only by the Registrar since the said section prescribes Registrar as the only authority who could exercise such power. However, there are provisions by which such powers could be delegated by specific order issued by the Government to officers other than the Registrar, by reason of the definition of the expression "Registrar" contained in Section 2 (r). In the present case, there having been no delegation of power under Section 128 to any officer other than the Registrar, the said power cannot be exercised by any other officers unless an order is passed under sub-section (2) of Section 3. In the absence of any such order passed by the State Government under sub-section (2) of Section 3, the District Assistant Registrar could not have exercised the power under Section 128. As such the impugned order is wholly incompetent and without jurisdiction. The notification dared 24th June, 1969 published in Official Gazette dated 5th July, 1969 issued under sub-section (2) of Section 3 has not empowered District Assistant Registrar with the power under Section 128 of the said Act. On this ground he contends that the order is to be declared void, ab initio and non set and is to be quashed.
(2.) Mr. K.R. Singh, learned Standing Counsel on the other contents that by reason of paragraph 5 of the notification dated 24th June, 1969, it is open to the District Assistant Registrar to pass such an order. He, however, obtained time to find out if there are any other order issued by the State Government under sub-section (2) of Section 3. But today he had submitted that he has not been able to lay his hands upon any such order passed by the State Government empowering the District Assistant Registrar to exercise power under Section 128 of the said Act.
(3.) I have heard both the counsel at length. In order to appreciate the question, it would be necessary to refer Section 128, which is quoted below : "Registrar's power to annual resolution of a Co-operative Society or cancel order passed by an officer of a Co-operative Society in certain cases. The Registrar may (i) annual any resolution passed by the Committee of Management, or the general body of any Co-operative society; or (ii) Cancel any order passed by an officer of a Co-operative Society; if he is of the opinion that the resolution or the order, as the case may be, is not covered by the objects of the society, or is in contravention of the provisions of this Act, the rules or the bye-laws of the society, whereupon every such resolution or order shall become void and inoperative and be deleted from the records of the society: Provided that, the Registrar shall, before making any order, require the Committee of Management, general body or officer of the co-operative society to reconsider the resolution, or as the case may be, the order, within such period as he may fix but which shall not be less than fifteen days, and if deems fit may stay the operation of that resolution or the order during such period.";