Karnataka HC.
Credit: DH Photo
Bengaluru: An assistant registrar of co-op societies can discharge the functions of higher-ranked deputy registrar of co-op societies (DRCS), while holding the charge, according to the Dharwad bench of the high court.
The court dismissed the petition challenging the order passed by an assistant registrar of co-op societies, who is in-charge deputy registrar of co-op societies in Karwar.
The petitioner, Prakash Ramachandra Hegde, had challenged the stay order passed by the in-charge deputy registrar of co-op societies, Sirsi. The order was in favour of one Vivek Subray Bhat, Director of Dodmane Group Village Co-operative Society, Siddapur taluk, Uttara Kannada district.
Bhat filed appeals challenging the order disqualifying him. The disqualification was pursuant to the communication made by Hegde.
The petitioner claimed that the appeal filed by Bhat was required to be heard by the deputy registrar of co-Operative societies, Uttara Kannada. Since that post was vacant, the assistant registrar co-operative societies being the officiating/in-charge office granted stay of the order of disqualification.
The petitioner claimed that the assistant registrar of co-op societies, Kumta, was put in charge of the post and he has no authority to adjudicate the issues pertaining to disqualification of directors under section 106(3) of the Karnataka Co-op Societies Act.
Justice C M Poonacha cited the Supreme Court decision in Gopalji Khanna case and said that when an officer posted as in charge of a post, he discharges the functions/duties of the said post, including statutory functions.
The court noted that apart from the legal position enunciated by the Supreme Court, in the present case, it is not the contention of the petitioner that to hold the post of DRCS, Uttara Kannada, any specific technical expertise is required and the said post can be held only by a person possessing any specific educational/qualifying criteria, which the ARCS, Kumta, does not possess.