Latest News
Back
Satyapal Anand v. State of M.P & ANR
Satyapal Anand v. State of M.P & ANR
In this case the petitioner have filed Writ Petition under the Article 226 of the Constitution in the High Court of Madhya Pradesh and the principal seat in Jabalpur in the form of PIL. In this petition the validity of Section 3 of the M.P. State Co-operative Societies Act, 1960 was challenged by the petitioner as this section permits government of state to appoint registrar, sub- registrars, additional registrars, joint registrar, assistant registrar. It was also challenging another provision which was Section 77(3)(b) and Section 77 (6) as unconstitutional. To put it forward with preciseness the petitioner grievance was on those mentioned provisions provided for appointing of people with having no education regarding law as judicial function would be discharged which were ex-facie violation of Art. 14 and 21 of the Constitution and it was not permissible. Some suggestion was been given by the petitioner on the appointments of theses post of registrars as it would be made in a such way as if presiding officers are done in the labour courts.
Respondents contested the petition on various grounds such as it was not approached in the high court with clean intention and it supressed the facts as various cases of his was pending before cooperative court and due to it, he had personal motives in this matter. On merit it was delivered that post such as registrars and other such posts comes in the jurisdiction of the tribunal and the chairperson of this tribunal is judicial officer and such these both departments work under the high court’s superintendence under the article 227 of the constitution of our country. Quasi-judicial functions like these are performed by the administrative officers.
After seeing submissions of parties of the both side, the High court drove back the petition of petitioner to vires of aforesaid provisions in the act and rejected and dismissed the petition. against the aforesaid judgment, presently Special Leave Petition is preferred more under the Article 136 of the Constitution of India.
We need to understand the functioning of the registrar’s office under the act asit is very essential to understand in scenario of this case. It is explained in the impugned judgment of the High Court. Registrar functioning under the provisions of act is the head of the cooperative movements working on the basis of providing strength to weaker part of the people and contributions through policy framing. The registrars needs to guide and be companion to people and to see with limits of his/her in the cooperative movement. Sections 8 and section 9 of the Act empowers the Registrar to handle with the question of registration in a society.
