BHADRA RYOTS CO OPERATIVE SOCIETY LTD Vs. STATE OF MYSORE

JUDGEMENT

(1.) Against an order made under S.30 of the Mysore Co-operative Societies Act, 1959, by the Deputy Registrar of Co-operative Societies, Shimoga, superseding the Managing Committee of the petitioner society, the petitioner presented an appeal to the State Government. The State Government rejected the same on the ground that the appeal does not lie to it. In this writ petition, the said view taken by the Government is challenged as incorrect by the petitioner.

(2.) The section conferring the right of appeal is S.106. Sub-sec. (1) enumerates various orders in respect of which right of appeal is conferred. One of them is an order of the Registrar removing the Committee of a Co-operative Society made under Sec. 30. The appellate authorities are enumerated in sub-sec. (2) which reads:

(3.) Although the order in this case was made by the Deputy Registrar, Mr. Manjappa for the petitioner contends that it must be read as an order made by the Registrar himself and described in sub-sec. (1) of S. 106, because clause(i) of S.2 defines a Registrar as inclusive of various officers among whom is a Deputy Registrar when they exercise all or any of the powers of the Registrar. The power of supersession under S.30 is expressly conferred on the Registrar. When, therefore, a Deputy Registrar makes an order under the said section, the argument continues, the order must be read as an order of the Registrar himself because the Deputy Registrar while making the order is undoubtedy exercising one of the powers of the Registrar.