Persona designata, a persona designata, is 'a person who is pointed out or described as an individual, as opposed to a person ascertained as a member of a class, or as filling a particular character.' (See Osborn's Concise Law Dictionary, 4th Edn., p. 253). In the words of Schwabe, C.J. In Parthasarathi Naidu v. Koteswara Rao, ILR 47 Mad 369: (AIR 1924 Mad 561) (FB), personae designate are 'persons selected to act in their private capacity and not in their capacity as Judges', Central Talkies v. Dwarka Prasad, AIR 1961 SC 606 (609): (1961) 3 SCR 495; see also Mukri Gopalan v. Cheppilat, (1995) 5 SCC 5: AIR 1995 SC 2272.
Persona designata, connotes person pointed out by name or other personal description in contradis-tinction to one whose identity is to be ascertained by the office which he holds. So then, where a person is indicated in statute not by name but by an official designation a question will arise whether the intention was to single him out as a persona designata, Ram Chandra Rao v. State of Madras, AIR 1962 AP 58.
Persona designata, is a person selected to act in his private capacity and not in his capacity as a judge. He is a person pointed out or described as an individual as opposed to a person ascertained as member of a class, or as filling a particular character, Maharaja Dharmendra Prasad Singh v. State of Uttar Pradesh, AIR 1969 All 484; Ram Chandra Rao v. State of Madras, AIR 1962 AP 58; Ram Milan v. Bansi Lal, AIR 1958 MP 203 (FB); G.N. Varma v. Hargovind Dayal, AIR 1975 All 52. (Court-fees Act, 1870, s. 5)
Persona designata, is a person who is pointed out or described as an individual as opposed to a person ascertained or a member of a class or as filling a particular character, Central Talkies Ltd., Kanpur v. Dwarka Prasad, AIR 1961 SC 606: (1961) 3 SCR 495: (1961) 2 SCJ 41: (1961) ILR 2 All 521: (1961) All LJ 245: (1961) All WR (HC) 238: (1961) 1 Cr LJ 740; M. Papa Naik v. Commissioner, City Municipal Council, Devangere, (1996) 3 Ker LJ 86 (91) (Karn).
Means being a creature of a particular statute, he has to look to the provisions of the concerned statute for the exercise of his power and he cannot overstep periphery of the jurisdiction conferred on him, Thavasikani Nadar v. Election Commissioner, (1974) 2 Mad LJ 44: (1974) 87 Mad LW 449.
Means whether the person who is named as an individual or is designated by his office is the person who is selected to exercise the power by excluding others from the exercise of such powers. If the answer is in the affirmative, then such person becomes persona designata, P.V. Somaraju v. Munsif Magistrate, Bhimavaram, AIR 1928 AP 22.
A persona designata implies is a person pointed out or described as an individual, as opposed to a person ascertained as a member of a class, or as filling a particular character. But this does not mean that a persona designata cannot be designated in terms of his office, C.S. Balarama Iyer v. Krishnan Kunchandi, AIR 1968 Ker 240.
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