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Thaneshwar Mishra vs Jila Sahakari Kendriya Bank Maryadit, ... on 8 October, 1984 cites

Union Of India & Anr vs P.K. Roy & Ors on 9 November, 1967

8. The validity of the Circular dated 1-2-1980 and the consequential appointment of respondent No. 4, when considered in the light the aforesaid law, remains doubtful. The Collector, Mandla, while nominating the respondent No. 4 as the Returning Officer, has really exercised powers of the Registrar under Rule 41 (26) of the Rules, which could only be exercised by the Registrar. There is nothing in the Act or the Rules permitting delegation of authority by the Registrar in favour of the Collector. The delegation has, however, been supported by the respondents on general principles said to be contained in the decision of the Supreme Court in Union of India v. P.K. Roy AIR 1968 SC 850. We have gone through the said judgment and find nothing that may support any such submission. The Supreme Court, in the said case, was considering the ambit and scope of Sections 115 and 117 of the States Reorganisation Act, 1956, which authorised the Central Government alone to effect integration of services. The Central Government had fixed principles governing the integration and on the basis of the said principles, the State Government has prepared and published a provisional seniority list. Objections to this provisional list were considered by the Central Government. The final gradation list was prepared and published by the State Government on the basis of those decisions. It was in the context of these facts that the Supreme Court held that there was no delgation of power by the Central Government and taking aid and assistance of the State Government did not violate the principle of "delegatus non potest delegare". The facts of the instant case do not justify application of this principle, as the Registrar has neither framed any principle, nor has retained control over the process of appointment. Indeed, the Registrar has nominated the Collector to do the job in the same manner as the law required him to do it. Under the circumstances, the Rule stands clearly violated in the instant case. It is, however, submitted that since the order of the Collector, appointing the respondent No. 4 as the Returning Officer, was also endorsed to the respondent Registrar and since the respondent-Registrar did not object to the said appointment, the Registrar should be deemed to have consented to the said appointment. Even if the submission was to be accepted, it cannot be overlooked that the respondent-Registrar, at no point of time, consciously considered the appointment of respondent No. 4 as required of him by the Rule. The application of mind by the Registrar, in the context of duties of the Returning Officer under the Rules, remained conspicuously absent. Mere silence on the part of the Registrar cannot be accepted as a good substitute for conscious consideration of facts by him.
Supreme Court of India Cites 16 - Cited by 293 - V Ramaswami - Full Document

Malam Singh vs The Collector, Sehore, M.P. And Ors. on 12 February, 1971

After Malam Singh's case (supra), the matter came to be considered on several occasions by this court and the view taken always was that wherever efficacious alternative remedy of election petition is available, the writ jurisdiction of this court shall not be exercised. The court, however, carved out certain exceptions to this general rule with a view to do justice between the parties.
Madhya Pradesh High Court Cites 13 - Cited by 19 - A P Sen - Full Document
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