[A.K. GOSWAMI, J]

This intra-court appeal filed by the petitioner of W.P.(C) No. 7449/2013 under Rule 2(3) of Chapter V-A of the Gauhati High Court Rules against the order dated 19.12.2013, passed by the learned Single Judge, in the aforementioned writ petition.

2. We have heard Mr. H.R.A. Choudhury, learned Senior Counsel for the writ appellant, Dr. B. Ahmed, learned Standing counsel, Co-operation Department appearing for respondent Nos. 1 to 6 and Mr. A.D. Choudhury, learned counsel appearing for respondent No. 7.

3. The respondent No. 7, as a writ petitioner, instituted a writ proceeding numbered and registered as W.P.(C) No. 6350/2013 challenging his removal as the Chairman of Nilbagan Samabai Samity Ltd., for short, Society, which is a co-operative society registered under the Assam Co-operative Societies Act, 1949, for short, the Act, pursuant to a resolution of the Executive Committee of the Society dated 18.09.2013. The present appellant, who, at the relevant point of time was the Vice-Chairman of the Society, was arrayed as respondent No. 5 in the said writ proceeding.

4. Upon hearing the counsel for the writ petitioner, learned Standing counsel, Co-operation Department and the respondent No. 5 in the aforesaid W.P.(C) No. 6350/2013, a learned Single Judge of this Court, by an order dated 01.11.2013, while issuing notice returnable in six weeks and posting the case on 16.12.2013, directed that status-quo as on that date regarding holding of the office of the Chairman of the Society be maintained till the next date.

5. It is relevant to note that submission was advanced on behalf of the respondent No. 5 in the said case that he was functioning as Chairman.

6. While the aforesaid writ petition was pending adjudication, the Assistant Registrar of Co-operative Societies, Hojai passed an order dated 28.11.2013, opining that the writ petitioner in W.P.(C) No. 6350/2013, that is, Md. Nurul Islam was working as Chairman and thus he was allowed to continue as Chairman of the Society subject to final judgment in W.P.(C) No. 6350/2013.

7. This order dated 28.11.2013 of the Assistant Registrar of Co-operative Societies, Hojai, as noted above, was put to challenge in W.P.(C) No. 7449/2013 by the present writ appellant. The writ petition was dismissed by the learned Single Judge by an order dated 19.12.2013 and the said order dated 19.12.2013 and the order dated 28.11.2013, passed by the Assistant Registrar of Co-operative Societies, Hojai are the subject matters of this appeal.

8. Mr. H.R.A. Choudhury, learned Senior Counsel for the appellant has submitted that during the pendency of W.P.(C) No. 6350/2013, the Assistant Registrar of Co-operative Societies, Hojai had no jurisdiction and/or authority to adjudicate on an issue, which is the subject matter of the writ petition. There was no occasion for him to have taken it upon himself to interpret the order of this Court and learned Single Judge failed to consider this aspect of the matter and on the contrary, placed reliance on the said order while dismissing the writ petition.

9. Mr. A.D. Choudhury, learned counsel for respondent No. 7 in this writ appeal, supports the impugned orders. He has submitted that the writ appellant was charge-sheeted in G.R. Case No. 1031/1998 under Sections 341/323/379/ 34 I.P.C. and as such, learned Single Judge had considered him to be an undesirable person to be the Chairman of the Society.

10. Dr. B. Ahmed, learned Standing counsel, Co-operation Department has submitted that the Writ Court did not go into the question as to whether the Assistant Registrar of Co-operative Societies, Hojai could have passed the order dated 28.11.2013 while the writ petition was pending.

11. Perusal of the order dated 19.12.2013 would go to show that learned Single Judge had approved the finding of fact recorded by the Assistant Registrar of Co-operative Societies, Hojai in his order dated 28.11.2013 to the effect that respondent No. 7 was continuin