P&H: Sets Aside ADCs Appellate Order Under Senior Citizens Act; Says District Magistrate Cannot Sub‑Delegate Quasi‑Judicial Powers

punjab-haryana
⚖️ Order Date: 04 May 2026
Headnotes

Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Ss.15(1), 15(2), 16 — Appellate Tribunal — District Magistrate as Presiding Officer cannot sub-delegate quasi-judicial appellate powers to the Additional Deputy Commissioner or any other officer - Appellate order passed by the Additional Deputy Commissioner-cum-Appellate...

Words and Phrases — “coram non judice” — An order rendered by an authority lacking jurisdiction is illegal and incurable. (Paras 3)


Facts of the Case

P&H: Sets Aside ADC’s Appellate Order Under Senior Citizens Act; Says District Magistrate Cannot Sub‑Delegate Quasi‑Judicial Powers

The Punjab and Haryana High Court has set aside an appellate order passed by the Additional Deputy Commissioner (ADC) acting as Appellate Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, holding that the District Magistrate (DM), designated as Presiding Officer of the Appellate Tribunal, cannot sub‑delegate his quasi‑judicial powers.

High Court while dealing with a writ petition challenging orders arising from a senior citizen’s application under Section 23 of the Act. The Maintenance Tribunal, Nangal, had on September 11, 2024 cancelled a gift deed dated March 26, 2021. The appeal against this decision was dismissed...

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