In this application under Article 226 of the Constitution of India, the petitioner has challenged the order or decision removing him from his service made on 1.7.89.

2. Facts,-The Salaguri Samabai Samity Limited (for short, Society) is a registered co-operative society. The petitioner Shri Risheswar Neog was appointed as Salesman of the society on 30.7.75. Thereafter, on 30. 12.87, by a resolution of the Managing Committee appointed the petitioner as Secretary in the office of tbe society on a salary. The petitioner was involved in Sibsagar PS Case No, 320 of 1987 under section 7 (i) (a) of the Essential Commodities Act and, therefore, the petitioner was placed under suspension by the Managing Committee of the society under order dated 16.9.87. After the petitioner was discharged by the Sessions Judge, Sibsagar on 19.1.88, the suspension order was revoked on 29.3.88. But the petitioner was not allowed to resume his duty. Therefore, the petitioner filed Civil Rule No. 2042 of 1988 before this Court. This Court disposed of the petition on 15.3.89 directing the petitioner to join duty on or before 20.3.89. The President and the Secretary of the society did not allow the petitioner to join duty and, therefore, Civil Original Contempt Application No. 57 of 1989 was filed and this Court on 2.5.89, issued notice to the contemners. A meeting of the Annual General Meeting was to be held on 19.5.89, and one of the agenda was to discuss about the petitioner and decision thereof. The petitioner thereafter filed Misc Case No. 8 of 1989. That Misc Case was disposed of by this Court on 16. 5.89 with an observation that the society should decide the matter keeping in view the order pased by this Court. The petitioner went to the society but no action was taken by the society. The contempt petition was also disposed of on 27.6.89 by giving a warning order. On 6.7.89, the petitioner received a letter dated 1.7.89 from the society informing him that he had been removed from his service by the Managing Committee as per decision of the meeting held on 20.6.89 in compliance with the direction of the General Assembly held on 19.5.89. Hence this petition challenging the order of removal.

3. Mr. PK Baruah, learned counsel for the respondents, has contended that the present writ petition is not maintainable for the matter relates to enforcement of personal service or service contract.

4. The question which, therefore, arises for consideration is whether the present writ petition is maintainable.

5. Before dealing with the rival contentions of the parties, let me deal with the relevant provisions of the Assam Co-operative Societies Act, 1949 (for short, the Act) and Rules made thereunder, namely, the Assam Co-operative Societies Rules, 1953, and the bye-laws of the society. Section 2 (h) of the Act defines 'employee' to mean a person, not being an office-bearer, employed by a registered society on a salary or similar form of remuneration other than advance patronage, dividend or payment for goods sold to or through such society. Section 2 (1) of the Act provides that 'Office-Bearer* means a member duly elected by the appropriate body of a registered society according to its bye-laws, to any office of such society, including the office of President, Chairman, Vice-Chairman, Secretary, Managing Director and Treasurer provided that any officer appointed by Government to hold charge of any office of a registered society shall be deemed to be an office-bearer unless specifically stated to the contrary.

6. In view of the meaning of the words' employee' and 'office bearer, there is a distinction between an officer and an office bearer of a co-operative society. The first is an employee employed by the Managing Committee and the latter is an elected person.

7 Rule 35 of the Assam Co-operative Societies Rules, 1953 (Rules, for short) provides

"(1) The Secretary or Treasurer of a society or any other office-bearer may be removed from office by a resolution of a meeting

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