# JOINT REGISTRAR OF CO·OPERATIVE SOCIETIES, MADRAS & ORS v. P. S. RAJAGOPAL NAIDU AND ORS

- **Citation:** [1971] 1 S.C.R. 227
- **Court:** Supreme Court of India
- **Decided:** 1970-04-06
- **Bench:** J. C. Shah, K. S. Hegde, A. N. Grover
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/joint-registrar-of-co-operative-societies-madras-ors-v-p-s-rajagopal-naidu-and-4998
- **Pages:** 10

## Headnote

Madras Cooperative Societiea Act, 1961--0rder of Registrar under
s. 72( 1) (a) superseding tbe committee of a society whether can be made
only after following procedure in ss. 1\4, 65 & 66.
Constiiution of India, 1950, Art. 226-Jurisdiction of High Court.
On 4th January, 1969 the Joint Registrar, Cooperative Societies issued
a notice under s. 72 of the Madras Cooperative Societies Act, 1961 to
the committee of the North Arco! District Cooperative Supply and Market·
ing Society Ltd. After examining the representation made by the com·
mittee in reply to the notice, the Registrar recorded an order on 11th
April, 1969 holding that the committee had not been functioning properly
and had failed to perform its duties and discharge its responsibilities as
required under the Act. The committee was ordered to be suspended
for a period of one year and the Deputy Registrar of Cooperative Socie·
ties was appointed to work as Special Officer to manage its affairs. The
matter was taken in appeal to the Registrar, who affirmed the order di
the Joint Registrar. Thereafter the President and Direct<>r of the Cooperative Society moved the High Court under Art. 226 of the Constitu·
tion. The writ petition was allowed by a Single Judge on the view that an
order under s. 72 (1 ) can be passed only after the procedure under ss. 64,
65 & 66 of the Act has been followed. The Full Bench to which the matte!'
was referred in Letters Patent Appeal took the same view.
In appoal before this Court against the judgment of the High Court
the questions that fell for consideration were : (1) Whether the Registrar
before takin¥ action under s. 72 must have an audit made under s. 64
and an inquiry held under s. 65 and an inspection made under s. 66 of
the Act and must also give an opportunity for rectification of the defects
which may come to .light as a result of such audit, inquiry or inspection?
(2) What is the scope,, of interference by the High Court with the order
of a Registrar made under s. 72 of the Act ?
·
HELD: (1) (a) If the intention of the Legislature was that the super-\
session of the Committee under s. 72 c1111 be ordered by the Registrar
only after rel'.ourse to ss. 64, 65 & 66 there is no reason why. language ·
analogous to s. 70(1) which expressly mentions ss. 64 to 67 and s. 85(1)
which refers to ss. 65 to 67 should not have been employed. [234 BJ
All that is required by s. 72(l)(a) is that the Registrar should form
al' opinion that tho Committee of. any Registered Society is not functioning properly or has wilfully disobeyed or failed' to comply with any lawful
order or direction issued by him. The section cannot be read to mean
that before forming an opinion as to the proper functioning of the society
the Registrar must in \he first instance issue a- dir.:ction to remedy the
defects disclosed as a result of the audit, inquiry or inspection. The
functioning of !he society may be so irregular and the delfects so blatant
and prejudicial to the society that no question can arise of any direction
228
SUPREME COURT REPORTS
[1971] l S.C.R,
being made in the first instance for their being remedied by the persons
c'r officers concerned. [234 D-F]
A
It may be that the opinion which the Registrar has to form must be
based on some objective facts but those objective facts in the absence of
any clear indication in s. 72 cannot be confined to what may be disclosed
after the Registrar has exercised his powers in the matter of audit, inquiry
and inspection under the provisions o'f ss. 64, 65 & 66. The requisite
opinion has indisputably to be formed
honestly and after applying his
mind by the Registrar to the relevant material before him. The only condition precedent for taking action under s. 72(1) is that provided in sub-s.
(6), namely. that the Registrar must consult the financing bank to which
the '0ciety is indebted.
No other requirement or condition precedent
is laic' down ·by the legislature. It was accordingly not possible to concur
with the view tak

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227
.JOINT
REGISTRAR OF
CO·OPERATIVE SOCIETIES,
MADRAS & ORS.
v.
P. S. RAJAGOPAL NAIDU AND ORS.
April 6, 1970
(J. C. SHAH, K. S. HEGDE AND A. N. GROVER, JJ.J
Madras Cooperative Societiea Act, 1961--0rder of Registrar under
s. 72( 1) (a) superseding tbe committee of a society whether can be made
only after following procedure in ss. 1\4, 65 & 66.
Constiiution of India, 1950, Art. 226-Jurisdiction of High Court.
On 4th January, 1969 the Joint Registrar, Cooperative Societies issued
a notice under s. 72 of the Madras Cooperative Societies Act, 1961 to
the committee of the North Arco! District Cooperative Supply and Market·
ing Society Ltd. After examining the representation made by the com·
mittee in reply to the notice, the Registrar recorded an order on 11th
April, 1969 holding that the committee had not been functioning properly
and had failed to perform its duties and discharge its responsibilities as
required under the Act. The committee was ordered to be suspended
for a period of one year and the Deputy Registrar of Cooperative Socie·
ties was appointed to work as Special Officer to manage its affairs. The
matter was taken in appeal to the Registrar, who affirmed the order di
the Joint Registrar. Thereafter the President and Direct<>r of the Cooperative Society moved the High Court under Art. 226 of the Constitu·
tion. The writ petition was allowed by a Single Judge on the view that an
order under s. 72 (1 ) can be passed only after the procedure under ss. 64,
65 & 66 of the Act has been followed. The Full Bench to which the matte!'
was referred in Letters Patent Appeal took the same view.
In appoal before this Court against the judgment of the High Court
the questions that fell for consideration were : (1) Whether the Registrar
before takin¥ action under s. 72 must have an audit made under s. 64
and an inquiry held under s. 65 and an inspection made under s. 66 of
the Act and must also give an opportunity for rectification of the defects
which may come to .light as a result of such audit, inquiry or inspection?
(2) What is the scope,, of interference by the High Court with the order
of a Registrar made under s. 72 of the Act ?
·
HELD: (1) (a) If the intention of the Legislature was that the super-\
session of the Committee under s. 72 c1111 be ordered by the Registrar
only after rel'.ourse to ss. 64, 65 & 66 there is no reason why. language ·
analogous to s. 70(1) which expressly mentions ss. 64 to 67 and s. 85(1)
which refers to ss. 65 to 67 should not have been employed. [234 BJ
All that is required by s. 72(l)(a) is that the Registrar should form
al' opinion that tho Committee of. any Registered Society is not functioning properly or has wilfully disobeyed or failed' to comply with any lawful
order or direction issued by him. The section cannot be read to mean
that before forming an opinion as to the proper functioning of the society
the Registrar must in \he first instance issue a- dir.:ction to remedy the
defects disclosed as a result of the audit, inquiry or inspection. The
functioning of !he society may be so irregular and the delfects so blatant
and prejudicial to the society that no question can arise of any direction
228
SUPREME COURT REPORTS
[1971] l S.C.R,
being made in the first instance for their being remedied by the persons
c'r officers concerned. [234 D-F]
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It may be that the opinion which the Registrar has to form must be
based on some objective facts but those objective facts in the absence of
any clear indication in s. 72 cannot be confined to what may be disclosed
after the Registrar has exercised his powers in the matter of audit, inquiry
and inspection under the provisions o'f ss. 64, 65 & 66. The requisite
opinion has indisputably to be formed
honestly and after applying his
mind by the Registrar to the relevant material before him. The only condition precedent for taking action under s. 72(1) is that provided in sub-s.
(6), namely. that the Registrar must consult the financing bank to which
the '0ciety is indebted.
No other requirement or condition precedent
is laic' down ·by the legislature. It was accordingly not possible to concur
with the view taken by the High Court. [235 A-DJ
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(b) The fact that one-third of the members of the committee retire
every year and new members have to be elected in their place could not
lead to a different conclusion. Section 72 is meant for superseding the
committee as a whole. Even if the operation of s. 72 in certain circumstances is likely to operate harshly so far as the newly elected members ·of
the committee are concerned, it IS not possible to read into it other provisions of the Act which are not incorporated in the section expressly or
by necessary implication. [235 F-Hl
·(ii) There were no infirmities in the orders of the Joint Registrar or
Registrar in the pre;ent case which could justify the interference by the
High Court under Art. 226 of the Constitution. The High Court could
not act as an appellate court and reappraise and re-examine the relevant
facts and circumstances which led to the making df the orders of super·
session. [236 Bl
CIVIL AP~ELLATE 1URISDICT!ON: Civil Appeals Nos. 2525
and 2526 of 1969. ·
Appeals from the judgment and decree dated October 8, 1969
of the Madras High Court in Writ Appeals Nos. 296 a.nd 297 of
1969.
S. Govind Swaminathan, Advocate-General for the State of
Tamil Nadu, S. Mohan and A. V. Rangam, for the appellants (in
both the appeals).
·
D. Munikanairih and G. S. Rama Rao, for the respondent (in
C. A. No. 2525/1969).
D. Munikanaiah aind G. Narasimhulu, for the respondents (in
C.- A. No. 2526/1969).
The Judgment of the Court was delivered hy
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Grover, J. These appeals from a judgment of the Madras
High Court involve the true ambit, scope and contenr orsection
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72 of the Madras Co-operative Societies Act, 1961 {hereinafter
call.:d the Act) .
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JT. REG. CO-OP. SOCIETY v. RAJAGOPAL (Grover, /.)
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The facts may be briefly stated. On 4th January, 1969 the
Joint Registrar of Co-operative Societies issued a. N?tice u/s 72
of the Act to the Committee of the North Arcot D1stnct Cooperative Supply and Marketing Society Ltd. It was stated in the
notice that the Committee had not been functioning properly for
sometime past. Charges were mentioned in detail and the Committee was called upon to make a representation against the proposal to dissolve it in view of the defects and irregularities mentioned in the notice. After examining the representation which
was quite lengthy and detailed, the Registrar recorded an Order
on 11th April,. 1969 dealing with each' charge and holding that
the Committee had not been functioning properly and had failed·
to perform its duties and discharge its responsibilities as required
under the Act. The Committee was ordered to be suspended for
a period of one year from 12th April, 1969 to 1 lth April, 1970.
The Deputy Registrar of Cooperative Societies was appointed to
work as a Special Officer and to manage its affairs for that period.
The matter was taken in appeal to the Registrar by the Committee.
The Registrar affirmed the Order of the Joint Registrar. Thereafter the President and the Director of the Cooperative Society
moved the High Court under Article 226 of the Constitution. A
number of points were taken in the writ petition but the main emphasis was laid on the proper procedure not having been followed
under sections 64, 65 and 66 of the Act before taking action u/s
72.
The learned single Judge of the High Court allowed the
w1it petition which had been filed by the President and the Director of the Co-operative Society. The learned Judge was not
satisfied that there was any justification for the action taken by
the Joint Registrar in the matter of supersession of the Committee.
On appeals having been taken before a Division Bench under
clause 15 of the Letters-Patent the case was referred to a full
Bench. The full Bench based its decision larg~ly on the view that
the procedure laid down in sections 64, 65 and 66 must be followed
before any order could be made by the Joint ~strar or the
Registrar u/s 72. We may refer to the following1'ortion of the
judgment;
·
"Sections 64, 65 ·and 66, which are the statutory
procedural stems which interdict the apparently arbitrary course of action which a Registrar could undertake to interfere with the affairs of a society, Its members or officers, provide a sufficient help to tighten up
such indiscriminate and unguided exercise of the
powers by the Registrar, when it becomes necessary.
In each of those sections it is incumbent on the Registrar to give opportunity to the member concerned officer
concerned or the Society to rectify the defects" ..... _
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SUPREME COURT REPORTS
[1971] l S.C.R.
"In our view and under the scheme of the Act, the
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condition precedent to the exercise of jurisdiction by the
Registrar under one or the othet'oi the sections considered above and in particular Section 72 is to· secure an
audit memorandum or a report of inspection or inquiry,
so that he may be provided with the necessary materia!
to act thereon. Unless such a fact finding authority has
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provided the Registrar with the hypothesis to act and
ultimately supersede an elected body, the impugned
order of supersession will undoubtedly be tainted with
the absence of a jurisdictional basis.
Whether. such
a basis exists, is sub.iect to review by this Court in exercise of its jurisdiction under Artfcle 226 of the Conc
stitution of India".
·
The full Bench affirmed the decision of the learned single
Judge.
The points which have -been argued before us and which
have to be determined are :-
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( i) Whether the Registrar before
taking
action
·
u/s 72 must have an audit made u/s 64 and inquiry held u/s 65 and an inspection made u/s
66 ·of the Act and must also give an opportunity
for rectification of the defects which may come
to light as a result of such audit, inquiry or insE
pection?
(ii) What is the scope of interference by the High
Court with the Order of a Registrar made u/s
72 of the Act ?
·
The Act was enacted to amend and consolidate the law relatF
ing to and to make better provision for the Organisation of Cooperative Societies in the State of Madras. Section 2 (2) defines
the expressioi;, "Committee" to mean the governing body of a
registered society to whom the management of its
affairs is
entrusted. By Section 2 ( 1 ) the "Registrar" is defined to mean
a person appointed to perform the duties of a Registrar of CoG
opera!ive Societies under the Act, and includes a person on. whom
all or any of the powers of a Registrar under the Act have been
conferred under section 3.
Section 4 provides for the societies
Which may be registered. Chapter III giv.es the sections relating
to the qualifications of the members and their rights and liabilities. · Chapt~r IV contains provisions in respect of management
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of registered1 societies. Under section 26 (1) the ultimate authority of a registered society vests in the '1:eneral body of its memb~rs.. Under section 27 ,the general body of a registered society
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JT, REG. CO-OP. SOCIETY v. RAJAGOPAL (Grover, J.)
231
has to constitute a Committee in accordance with the bye-laws
and entrust the management of the affairs of the registered
society to such Committee. The term of office of an elected member of any Committee is 3 years but one-third of the members
elected to the Committee at the first election have to retire at the
end of the first year after such election and the other one-third
of the members elected have to retire at the end of the second
year after such election <VJd so on.
The membe.rs so to retire at
the end of the first and second years have to be determined by Jot
by the Committee. According to section 28 ( 4) no member of a
Committee against whom an order under sub-section (I) of
section 71 has been passed, shall be eligible for election or
appointment as a member of the Committee for a period of three
years. Sub-section 5 of section 28 provides that no member of a
Committee which has been superseded shall be eligible for election or appointment to the Committee for a period of three years
from the date of expiry of the period of supersession. Section
28 (A) is in the follow mg terms :
" ( 1) Where in the course of an audit under Section
64 or an inquiry under Section 65 or an
inspection
under section 66 or section 67, it appears that a person
who is, or wi.s, a member of a Committee has misappropriated or fraudulently
retained any
money or
other property or been guilty of breach of trust in relation to the society or of gross or persistent negligence in
connection with the conduct and management of, or ·of
gross mismanagement of the affairs of the society or of
misfeasance or default in carrying out his obligations
and functions under the law, the Registrar may, without
prejudice to any other action that may be taken against
such member, by order in writing, remove such person
from the office of member of committee if he holds such
office, or disqualify him from
holding in
future the
office of a member of the committee, if he has ceased
to hold such office.
(2) No person shall be removed or disqualified
under sub-section (I) without being given an opportunity of making his representations. A copy of the order
removing or disqualifying him shall be communicated
to him" .
. C~apter V relates to the duties and privileges of registered
societies. Chapter VI relates to State aid to registered societies and
Chapter VII relates to their property and funds. We are concerned
pri~arily with the provisions of Chapter VIII which begins with
section 64. Sub-section( 1) thereof makes it obligatory on the Registrar to audit or cause to be audited. by some person authorised by
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'SUPREME C6URT REPORTS
[1971] 1 S.C.R.
him in writing the accounts of every registered societ:l once at least
in every year. Under sub-section ( 4) every person who is or has
been an officer or employee of the society and every member and
past member has to furnish such information id regard to the transactions and working of the society as the Registrar or the person
authorised by him may require. Sub-section ( 5) says foat the
Registrar may, by order in writing, direct any officer of the society
to take such action as may be specified in the order to remedy
within such time as may be specified the defects, if any, disclosed
as a result of the audit. Section 65 authorises the Registrar on his
own motion or on the application of a majority of the Committee
or on the request of the Collector, to hold an inquiry, or direct
some persort authorised by him in writing to hold an inquiry into
the constitution, working and financial condition of a registered
society. Under sub-s-ection (2) powers have been conferred intera/ia to have free access to the books of accounts etc., summoning
and examination of persons on oath having knowledge of the affairs
of the society. When an inquiry is held u/s 65 the Registrar must
communicate its result in the manner and to the persons and institutions set out in sub-section ( 3). Sub-section ( 4) Jays down that
Registrar may, by order in writing, direct any officer of the society
or its financing bank to take such action as may be specified in
the order to remedy the defects, disclosed as a result of the enquiry.
Section 66 empowers the Registrar on his own motion or on the
application of a creditor of a registered society to inspect or direct
any person to inspect the books of the society. After the inspection has been made the Registrar has to communicate the results
of the inspection in the manner set out in sub-section (2). Subsection (8 ) enables the Registrar to direct any officer of the society
to take such action as may be specified in the order to remedy the
defects, if any, disclosed as a result of the inspection. Section 67
gives the right to a financing bank to inspect the books of any
registered society which is indebted to it. Section 70 ( 1) is reproduced below :-
"70(1) Where in the course of an audit under section 64 or an inquiry under section 65 or an inspection
under. section 66 or ~ection 67, it~ brought to the notice
of the Registrar that a paid officer or servant of a registered society has committed or has been otherwise
responsible for misappropriation, breach of trust or
other offence, in relation to the society, the Registrar,
may, if in his opinion, there is prima facie evidence
against such paid officer or servant and the suspension
of such paid officer or servant is necessary in the interests of the society, direct the committee of the society
pending the investigation and disposal of the matter, to
place or cause to be placed such paid officer or servant
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under suspension from such date and for such period
as may be specified by him".
Section 71 contains provisions relating to surcharge and says
that where in the course of an audit u/s 64 or an inquiry u/s 65
or an inspection u/s 66 or section 67 or the winding up of . a
B -society, it appears that any person who is or was entrusted with
the Organisation or management of the society or any past or prese!lt officer or servant of the society has misappropriated or fraudu·
lently retained any money or other property or has been guilty of
breach of trust in relation to the society or has caused any deficiency in the assets of the society by breach of trust or wilful
negligence. . . . . . the Registrar may enquire into the conduct of
such person, officer or servant and make an order requiring him to
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repay or restore the money or property or to contribute such sum
to the assets of the society by way of compensation. Under the
proviso, such an inquiry must be held within 6 years from the
date of any act or omission and an opportunity must be afforded
to the person against whom the order is sought to be made. Section
72 (1 )(a) which is material for our purposes reads :
"72(1)(a). If, in the opinion of the Registrar, the
committee of any registered society is not functioning
properly or wilfully disobeys or wilfully fails to comply
with any lawful order or direction issued by the Registrar under this Act or the rules, he may, after giving the
committee an opportunity of making its representations,
by order in writing, dissolve the committee and appoint
either a person (hereinafter referred to as the special
officer) or a committee of two or more persons (hereinafter referred to as the managing committee) to manage
the affairs of the society for a specified period not exceeding two years".
Sub-section ( 6) makes it obligatory on the Registrar to consult
the financing bank to which the society is indebted before taking
any action under sub-section (1). It will be useful at this stage to
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rep~<><!uce section 85 ( 1) which re•ates to windi.ng up of registered
soc1et1es :
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"85 (1). If the Registrar, after an inquiry has been
held under section 65 or an inspection has been made
under section 66 or section 67, or on receipt of an application made by not less than three fourths of the members
of a registered society, is of opinion that the society
ought to be wound up, he may, after giving the society
an opportunity of making its representations, by order in
writing direct it to be wound up.
A copy of the order
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SUPREME COURT REPORTS
[1971] 1 S.C.R.
shall forthwith be communicated to the society by regisA
tered post".
It is significant that section 72 ( l) does not contain any mention cf sections 64 to 67 which appear in section 70( 1) and of
sections 65, 66 and 67 which i)l:e expressly mentioned in section
85( 1). If the intention of the Legislature was that the super:-
sessicn of the Committee under section 72 can be ordered by the
Registrar only after re-course ,o sections 64, 65, and 66, there· is
no reawn why language analogous to section 70 (1) or section 85
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( 1) containing an express mention of the aforesaid sections, should,
not have b.~en employed.
An audit under section 64 has to be
done every year in view of the mandatory form of the language
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of that section 64. But as regards sections 65 and 66 the Registrar
has been given discretionary powers to make an inquiry or an in·
spection in accordance with those sections, there is no duty or
obligation cast on him for doing so before he proceeds to take
action u/s 72.
All that is required by section 72 (1 )(a) is that
the Registrar should form an opinion that the Committee of any
Registered society is not functioning properly or has wilfully disobeyed or fail.ed to comply with any lawful order or direction
issued by him. So far as the question of the society not functioning
properly is concerned, that may depend on what the Registrar
discovers after a proper audit, enquiry and inspection.
But he
can .form that opjnion even on material aliunde and the language
of the section does not warrant by necessary implication the taking
of the view that he is bound to form that opinion after following
the entire procedure prescribed by the other sections under discussion. At any rate it is not possible to read a requirement while
taking action u/s 72 of satisfying the provisions in the aforesaid
sections by making a direction in the first instance to remedy the
defects disclosed as a result of the audit, inquiry or inspection. The
functioning of the society may be so irregular and the defects disclosed so blatant and prejudicial to the society ihai no question
can arise. of any direction being made in the first instance for their
being remedied by the persons or officers concerned. It may be
that when the Registrar acts under the second limb of section 72
(1) (a) and proposes to supersede the committee for wilful dis·
obedience or wilful failure to comply with any lawful order or
direction issued by the Registrar under the Act or the rules that
the provisions contained in sections 64, 65 and 66 may become
relevant.
But that does not and cannot mean that the Registrar
must as a condition precedent give a direction under those sections for the defects or the irregularities to be remedied and should
take action only under the second limb i.e. when there is a wilful
disobedience or wilful failure to comply with those orders or
directions. It may be that the opinion which the Registrar has to
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235
A · form must be based on some objective facts but those objective
facts in the absence of any clear in<lication u/ s 72 cannot be confined to what may be disclosed after the Registrar has exercised
powers in the matter of audit, inquiry and inspection unde~ ~e
provisions of sections 64, 65 and. 66. Thus even though the op1ruon
may be a purely subjective process, there must be cogent material
on which the Registrar has to form his opinion that the society is
not functioning properly in order to sustain the issuance of a notice
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u/s 72(l)(a) and subsequent supersession of the Committee after
considering its representation, The requisite opinion has indisputably to be formed honestly and after applying his mind by
th~ Registrar to the relevant material before him the only condition precedent for taking action u/s 72( 1) is that the Registrar
must consult the financing bank to which the society is indebted
( vide sub-section 6). There is no other requirement or condition
precedent laid down by the Legislature which the Registrar must
fulfil before he acts in the matter of supersession of the Committee.
We are unable to concur in the view of the High Court that an
action taken u/s 72 without giving an opportunity to the member,
officer or the society to rectify the defects found after an audit,,
inquiry or inspection held under sections 64, 65 and 66 would
constitute an exercise of power without jurisdiction.
The Single Judge laid a great deal of emphasis on the Committee being an elected body and the prejudice .that would be
caused to its members if they are visited with the consequences
of supersession on account of irregularities and improper functioning of the previous members of the Committee. What was argued
before the High Court was that one-third members oi the Committee
have to. retire every year and fresh members have to be elected.
If rertain grave irregularities are committed say in the year 1964,
1965, it would be unfair to the new members who have been
elected to supersede the Committee in 1968. We do not consider
that that would be the correct approach in construing section 72
which is meant for superseding the Committee as a whole when its
workiQg discloses such irregularities or impropriet~s as would
justify its supersession. Normally it would be expected that only
that Committee would be superseded whose functioning has been
found to be highly defective. The object of supersession apparently is to appoint a Special Officer or a managing committee in order
to set the working of the society right. It is not difficult to envisage
a situation where mal-administration by a COIDJllitlee has so adversely affected the functioning of the society that it is essential in the
interests of the society itself to give temporarily the control of its
affairs to a neutral authority. At any rate if the operation of section 72 in certain circumstances is likely to operate harshly so far
as certain members of the committee are concerned, it is
not
236
SUPREME COURT REPORTS
[1971] l S.C.R.
possible to read into it other provisions of the Act which are not in-
(;Orporated in the section expressly or by necessary implication.
We have been taken through the material partr of the orders
of the Registrar and the Joint RegisJrar and we do nc find any such
infirmities in them which would justify interfer~ by the High
Court .. under Article 226 of the Constitution. 1he High Court
could not act as an appellate Court and reappraise and re-examine
the relevant facts and circumstances which led to the making of
the orders of supersession as if the matter before it had been
brought by way of appeal. The limits of the jurisdiction of the
High Court under Article 226 when a writ in the . natur~ of certiorari is to be issued are well-known and well-•· "led by now and
h is pointless to. re-state the grounds on whic:
such writ or
direction can be issued. We are satisfied that m~re was no justification whatsoever for quashing the orders of the Joint Registrar
and that of the Registrar in appeal. The appeals are consequently
allowed with costs and the judgment of the High Court is set aside.
The writ petitions are ordered to be dismissed One hearing fee.
G.C.
Appeals allowed.
Lll SupCJ(NP)/70-2500-30-6.:'Jl GIPF.
A
c