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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH, J.
Ranjit Das, S/o. Late Kamini Das & Ors. - Petitioners
Versus
The State of Assam, Represented by the Commissioner and Secretary to the Government of Assam, Cooperation Department & Ors. - Respondents
WP(C) No. 4083 of 2023
Decided On : 25-07-2023
Cooperative Society - Dispute Resolution - Assam Cooperative Societies Act, 2007, Section 38(2), Section 36(4), Section 43(6), Section 49(2)(l) - The court discussed the provisions of the Assam Cooperative Societies Act, 2007, including the removal of office bearers, notice requirements for meetings, and the authority of the Registrar in resolving disputes. The court highlighted the lack of authority in the actions of the Assistant Registrar and the In-Charge Zonal Joint Registrar, and emphasized the need for compliance with statutory procedures.
Fact of the Case:
The petitioners challenged the order and resolution issued by the Cooperative Society regarding the removal of the Secretary and subsequent actions. The dispute arose from a meeting where the Secretary was removed, leading to a series of communications and resolutions, and the filing of an appeal before the Registrar of Cooperative Society.
Finding of the Court:
The court found that the actions of the Assistant Registrar and the In-Charge Zonal Joint Registrar were without authority, and expressed doubts about the compliance with statutory procedures in calling the meeting. The court also decided not to adjudicate on the issues raised in the writ petition, as they were pending before the Registrar of Cooperative Societies.
Issues: The issues revolved around the authority of the Registrar in resolving disputes, compliance with statutory procedures for meetings, and the propriety of the actions taken by the Cooperative Society.
Ratio Decidendi: The court emphasized the need for compliance with statutory procedures and the authority of the Registrar in resolving disputes, and decided not to adjudicate on the issues pending before the Registrar of Cooperative Societies.
Final Decision: The court stayed the Resolution of the Cooperative Society dated 05.07.2023 pending the decision of the appeal before the Registrar of Cooperative Societies, and directed the Registrar to dispose of the appeal within 15 days.
JUDGMENT :
The instant writ petition has been filed by the Petitioners herein challenging the order dated 05.07.2023 issued by the In-charge, Zonal Joint Registrar of Cooperative Society of Jorhat Zone, Jorhat as well as the Resolution dated 05.07.2023 taken in the purported meeting of the Dibru Dangori River Part-1 Meen Samabai Samity Ltd.
2. Taking into account the factual matrix and the issue to be decided, the instant writ petition is taken up for disposal at the motion stage.
3. From the materials on record, it reveals that the Petitioner Nos. 1 herein is the President of the Cooperative Society in the name and style of Dibru Dangori River Part-1 Meen Samabai Samity Ltd. (for short referred to as ‘the Cooperative Society’). The Petitioner Nos. 2 & 3 are the Vice President as well as the Secretary of the said Cooperative Society. On 16.06.2023, a meeting was held amongst the Directors/Members of the Board of Directors of the said Cooperative Society wherein taking into account the various illegalities being committed by the Respondent No. 6, he was removed from the post of the Secretary of the said Cooperative Society in exercise of the powers under Section 38(2) of the Assam Cooperative Societies Act, 2007(in short ‘the Act of 2007’). Immediately thereupon on 20.06.2023 the Registrar of Cooperative Society was duly informed that the Petitioner No. 3 was appointed as the Secretary of the said Cooperative Society. It further reveals that on 27.06.2023, the Assistant Registrar of the Cooperative Societies, Tinsukia had issued a Communication to the Assistant Registrar (M), Office of the Assistant Registrar of Cooperative Societies, Tinsukia thereby informing and intimating the latter that some of the members of the said Cooperative Society had submitted a complaint as regards the Resolution No. 1 of the meeting of the Board of Directors held on 16.06.2023 and thereupon directed that after making an enquiry in respect to the same, the latter was requested to submit a report within 7 days. On the same date, another communication was issued by the Assistant Registrar of Cooperative Society, Tinsukia thereby intimating the Petitioner No. 1 that the Departmental Officer had been appointed to make an enquiry as regards the allegations made pertaining to the meeting of the Board of Directors of the Cooperative Society held on 16.06.2023. It was further mentioned that the approval in respect to the Resolution No. 1 of the meeting of the Board of Directors dated 16.06.2023 was suspended for the time being and till completion of the enquiry the Respondent No. 6 be allowed to carry out the function of the Secretary.
4. It is further relevant to take note of that an FIR was filed by the Petitioner No. 1 before the Officer-in-Charge of Dhola Police Station alleging certain misappropriation of the amounts by the Respondent No. 6. The said FIR was registered and numbered as Dhola P.S. Case No. 27/2023 under Sections 406/420 of the Indian Penal Code. The said FIR was registered on 03.07.2023. Immediately on the next date, i.e. on 04.07.2023, the Assistant Registrar of Cooperative Society, Tinsukia vide a communication bearing No.DTC(P)45/74/Part-5/331 dated 04.07.2023 withdrew the communication dated 27.06.2023, whereby the approval in respect to Resolution No. 1 of the meeting of the Board of Directors dated 16.06.2023 was suspended for the time being as well as the Respondent No. 6 was allowed to carry out the function of the Secretary till completion of the enquiry.
5. On the very next date i.e. on 05.07.2023, the In-charge Zonal Joint Registrar of Cooperative Society temporarily vacated the communication bearing No. DTC(P)45/74/Part-5/331) dated 04.07.2023 issued by the Assistant Registrar of Cooperative Society, Tinsukia for 10 days. The In-Charge Zonal Joint Registrar of Cooperative Societies further directed the Assistant Registrar of Cooperative Society to submit the evidence of the FIR whether it is registered in the Police Station or n
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