Law: Bombay Co-operative Societies Act (VIII of 1925)

Section: 59,54,64-A

Bombay Co-operative Societies Act (VII of 1925)-------Ss. 59 & 54-Award given by Registrar's nominee-Executable as s decree of Civil Court.   Bombay Co-operative Societies Act (VII of 1925)----S. 54- No reference made to Registrar either by Society or by it s a member-Order passed by Registrar cannot be construed as ones 4 passed under S. 54.   Bombay, Co-operative Societies Act (VII of 1925)----Ss. 64-A & 54-Scope of -S. 64-A limited--Section 64-A contemplates scrutiny of administrative or departmental inquiry or proceeding pending before subordinate officers-Registrar not competent to consider validity of arbitration proceedings pending before his nominee.   Section 64-A of the Bombay Co-operative Societies Act, 1925 has a limited range and is revisional in character. The power is vested in the Registrar to call for and examine the record of any inquiry or proceedings pending before any officer subordinate to him. It contemplates the scrutiny of any administrative or departmental inquiry or proceeding pending before the subordinate officers. It has no application to cases in which arbitration proceedings are going on. For challenging such proceedings quite different procedure is provided. This view is further strengthened by the fact that members of the Society or the Society cannot be con sidered to be subordinate officers to the Registrar within the meaning of section 64-A. Where, therefore, the Registrar considered the propriety of the allotment of a plot of land to a person by a Housing Society, it was held that the legality or illegality of the allotment could not be decided by the Registrar under section 64-A.   Date of hearing: 2nd November 1965.   JUDGMENT   WAHIDUDDIN, J.------This writ petition in directed against the order of the Registrar, Co-operative Societies, Karachi, passed on 29th May 1962. By this order the learned officer directed the respondent No. 2 Society to cancel the allotment of plot No. 380 in favour of the petitioner and, cancelled the proceedings instituted by one Mr. Muhammad Hussain. He further directed the Society to allot the plot in question to Mr. Haqqani respondent No. 3. It has…