Point of Law : Best person to function as the Secretary or the Chief Executive has to be chosen on the basis of his capability and experience and it is believed that the State Government in exercise of its powers under Section 49.

JUDGMENT :

Heard Mr. M.K. Choudhury, the learned Senior Counsel assisted by Mr. M. Khan, the learned counsel appearing on behalf of the petitioner. Mr. S.K. Talukdar, the learned Standing Counsel, Cooperation Department representing the officials Respondents. Dr. B. Ahmed, the learned counsel appears for the on behalf of the private respondent no.7. None appears for the Union of India.

2. Both the writ petitions being interrelated are taken up for disposal together.

3. The writ petition being WP(C) 5607/2021 arises out of an order dated 08.10.2021 whereby the appeal filed by the Petitioner was disposed of holding that the order issued by the Zonal Joint Registrar of Co-operative Societies, Silchar Zone, Cachar dated 15.07.2020 was null and void and till the next resolutions taken by the regular Board, the private respondent who is the Respondent No.7 be allowed to function as the Secretary of the Society.

4. The second writ petition i.e. WP(C) 86/2022 arises out of an order dated 22.11.2021 passed in I.A.(C) No.1916/2021 whereby the interim order dated 25.10.2021 in WP(C) 5607/2021 was directed to remain in force subject to the writ petitioner shall not take any major decisions pertaining to the financial matters of the Society and on the basis of the said order the Respondent No.5 Bank was not permitting the Petitioner to operate the bank account maintained in the said Bank.

5. The brief facts of the instant case is that the respondent No.7 in both the writ petitions on 08.09.2010 was given the charge of the Secretary by the then Board of Directors of a Co-operative Society in the name and style of Rongpur Samabai Samity Limited (for short ‘the Society’). Thereupon on 20.09.2010 the Registrar of the Co-operative Societies approved the said charge being handed over to the Respondent No.7 as the Secretary. In the year 2011, the Board of Directors were dissolved and a Government Officer was appointed as the Secretary along with an Officer-on-Management was also appointed. At this stage it may be relevant to take note of Section 41(6) of the Assam Co-operative Societies Act, 2007 (for short ‘the Act of 2007’). The said Sub-Section for the sake of convenience is quoted hereinbelow as the same has a relevance to adjudication of the disputes involved in the instant proceeding :

“41(6). Where a Board fails to arrange for holding election before the expiry of the term of the Board or delegates or where there are no Directors remaining on the Board, the Registrar shall convene a General Meeting by appointing an Officer of the Co-operative Department for Constitution of the Board within ninety days from the date of such appointment and the officer so appointed shall perform all functions of the Board during the said period of ninety days at the cost of the Society”.

A reading of the said Sub-Section would show that where a Board fails to arrange for holding election before the expiry of the term of the Board or delegates or where there are no Directors remaining on the Board, the Registrar shall convene a General Meeting by appointing an Officer of the Co-operative Department for Constitution of the Board within ninety days from the date of such appointment and the said officer so appointed shall perform all functions of the Board during the said period of ninety days at the cost of the Society meaning thereby that the officer so appointed in the general meeting his appointment shall be for a period of ninety days and during this period of ninety days apart from taking up all functions of the Board, it is also the duty of such officer to take steps for constitution of the Board within the said period.

6. In the backdrop of the above, it would be seen that in the year 2011 the Board of Directors of the Society in question was dissolved and some officer was appointed in terms with Section 41(6) of the Act of 2007. We are in the year 2022 and till now there has been no constitution of the Board but it appears from the perusal of the records that