Controversy raised by Cooperative Deptt settled
Excelsior Correspondent
JAMMU, Sept 18: Settling a major controversy raised by the Cooperative Department, full bench of J&K Special Tribunal has held that it is empowered to exercise revisional jurisdiction vested in Government under Cooperative Societies Act especially when the Cooperative Tribunal is non-existent. Moreover, it has clarified that Amendment Act of 2016 pertained only to appeals and it has not in any manner affected the revisional jurisdiction exercisable by the Tribunal during operation of the Amendment Act or after its lapse.
The full bench of the J&K Special Tribunal was dealing with the important question of law—whether it has jurisdiction to determine the proceedings arising out of the J&K Cooperative Societies Act, 1989, if so, the nature and extent of any statutory prohibition regarding any specific matter of proceedings.
After hearing battery of lawyers, who offered their legal assistance, the full bench comprising of Rukhsana Gani (Chairperson), Mohd Yousaf Wani (Member Bench-II Judicial Srinagar Wing), Rajeev Gupta (Member Bench-II Judicial Jammu Wing), Raj Kumar Katoch (Member Bench-III Executive Jammu Wing) and Ashiq Hussain (Member Bench-III Executive Srinagar Wing) delivered the judgment.
The genesis of the matter lies in an administrative circular No.18 JKST of 2022 dated June 29, 2022 that had emanated on the basis of some doubt raised by the Cooperative Department of the J&K Government and the opinion rendered by the Department of Law and Justice. It was opined and believed by the Cooperatives Department that J&K Special Tribunal was vested with jurisdiction in the matters arising under the J&K Cooperative Societies Act, 1989 only because of amendment made in the Act by way of J&K Cooperative Societies (Amendment) Act, 2016 and two years thereafter when the Amendment Act was not ratified by the Legislature, it had lapsed and resultantly J&K Special Tribunal lost jurisdiction so vested in it.
Interestingly, by the Amendment Act appellate jurisdiction which was to vest in the Cooperative Tribunal under the Act of 1989 had been vested in J&K Special Tribunal.
After hearing battery of lawyers, the full bench observed, “we feel that there is an unhesitating consensus that this Tribunal is vested with jurisdiction in terms of Section 160 of the Act of 1989 read with Section 3 of the Special Tribunal Act, to entertain and decide the revision petitions”.
Pointing towards the provisions relating to the appellate jurisdiction of the Cooperative Appellate Tribunal and the authorities constituted under the Act of 1989, the full bench said, “there is no provision in the sections relating to the exercise of revisional jurisdiction”, adding “provisions under Section 160 of the Act of 1989 give revisional jurisdiction to the Government or the Tribunal against the orders passed by the Registrar or any officer acting under his authority”.
“The Government has been empowered under Section 160 of the Act of 1989 to exercise revisional jurisdiction, apart from vesting the similar jurisdiction in the Tribunal, that was to be constituted in terms of Section 157 of the Act of 1989. It is, however, a different matter that no Co-operative Appellate Tribunal under Section 157 of the Act of 1989 has so far been constituted by the Government. It is, however, always open to the Government to constitute any such Tribunal when it would deem appropriate to do so”, the full bench said.
“We are concerned only with Section 3 of the Special Tribunal Act, which authorizes this Tribunal to exercise revisional, appellate or review jurisdiction, which is otherwise vested in the Government or a Minister, as may be provided in any law passed by the erstwhile State legislature and now Legislative Assembly of the UT of J&K”, the bench said.
Settling the controversy, the full bench said, “this Tribunal is empowered to exercise revisional jurisdiction vested in the Government under Section 160 of the Co-operative Societies Act, 1989, in aid of Section 3 of the Special Tribunal Act, 1988 especially when the Tribunal under Section 157 of the Act of 1989 is non-existent and such jurisdiction shall continue to be exercised so long as the provision under Section 160 continues to operate in the present form”.
“However, it is left to the wisdom of the Legislature to specify the conditions under which the revisional jurisdiction shall be exercisable by the Government and consequently this Tribunal and the Co-operative Tribunal, in terms of Section 160 of the Act of 1989”, the bench said, adding “the Amendment Act of 2016, pertained only to appeals and it has not in any manner affected the revisional jurisdiction exercisable by this Tribunal, during operation of the Amendment Act or after its lapse”.
“If there is any appeal filed before this Tribunal in terms of the Amendment Act, during the period of its operation, and such appeal is still pending before this Tribunal, same shall continue to be heard for adjudication by this Tribunal, but no appeal filed after the date of lapse of the Amendment Act, is adjudicable by this Tribunal”, the bench clarified.
Follow our WhatsApp channel
