NDLI: Satya Pal Anand Vs. State of M.p. & Anr.

Satya Pal Anand Vs. State of M.p. & Anr.

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Satya Pal Anand Vs. State of M.p. & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	M.P. State Co-operative Societies Act 1960 - s.3 - Co- operative Society
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Special Leave Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	M.P. State Co-operative Societies Act, 1960 - s.3 - Co- operative Society -Appointment of Registrar u/s.3 - Validity of s.3 - Challenged - Held: Most of the functions of the Registrar are in the sphere of administration and governance with few additional duties having quasi-judicial character - In such a situation and more particularly when a tribunal is constituted with all the trappings of a court, with power to hear appeals from the orders of the Registrar or his nominee, no fault found with s.3 of the Act empowering the Government to appoint persons as Registrars, Joint Registrars, Deputy Registrars and Assistant Registrars etc. not necessarily with legal /judicial background - Challenge to vires of s.3 rejected. M.P. State Co-operative Societies Act, 1960 - s. 3 - Co- operative Society - Need for appointment of suitable persons as Registrar, Joint Registrar etc. and Chairman and members of Co-operative tribunal - Direction given that the State Government shall, keep in mind the objective of the Act, the functions which the Registrar, Joint Registrar etc. are required to perform and commensurate with those, appointment of suitable persons shall be made - Likewise, having regard to the fact that the Chairman of the Tribunal is to be a judicial person, namely, Former Judge of the High Court or the District Judge, for appointment of the Chairman and the Members of the Tribunal, the respondent-State is duty bound to keep in mind and follow the mandate of the Supreme Court judgment in R. Gandhi case - For appointment of the Chairman and Members of the Tribunal, selection to these posts be preferably made by the Public Service Commission in consultation with the High Court. M.P. State Co-operative Societies Act, 1960 - s.77(3)(b) - Co-operative Tribunal - Composition of - Members of the tribunal appointed as per s. 77 (3)(b) - Validity of s. 77(3)(b) - Held: Valid - Scheme shows that out of the two Members, one would be 'administrative member' and other may be a 'judicial member' though such nomenclature is not specifically assigned - The tribunal consists of a former Judge as Chairman, one member who has held high office of Joint Registrar in the department and the other member either with the legal background or a person closely associated with cooperative movement - No fault with the provision. M.P. State Co-operative Societies Act, 1960 - s. 77(6) - Co-operative Tribunal - s. 77(6) giving power to the State Government to terminate appointment of the Chairman or a Member - Validity of s. 77(6) - Challenge to - Held: Power u/s. 77(6) is to be exercised only when the State Government forms an opinion about the inability or unfitness of such Chairman or Member to perform the duties of his office - The opinion may be subjective but has to be based on objective consideration/material on record - It is not an omnibus or unguided/uncanalyzed power conferred upon the Government - Further, the decision is always subject to judicial review - Besides, proviso to sub-section (6) of s. 77 provides additional safeguards which mandate following procedure in consonance with principle of natural justice by giving reasonable opportunity of show cause against such termination - Final opinion to be formed only after eliciting and considering the defence - Therefore, no reason to hold such a provision as unconstitutional.
Judge	Hon'ble Mr. Justice Arjan Kumar Sikri
Neutral Citation	2014 INSC 365
Petitioner	Satya Pal Anand
Respondent	State Of M.p. & Anr.
SCR	[2014] 6 S.C.R. 1
Judgement Date	2014-05-06
Case Number	33644

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