IMPORTANT POINT
The Registrar of Cooperative Societies lacks jurisdiction to interfere in employment disputes between a cooperative society and its employees, affirming the Board's authority to appoint and remove its Secretary.

ORDER :

MANISH CHOUDHURY, J.

The present writ petition under Article 226 of the Constitution of India is preferred by the petitioner to assail an Order bearing no. GPSS.35/2001/334 dated 10.01.2022 passed by the Registrar of Cooperative Societies, Assam purportedly in exercise of the powers conferred under Section 49[2][l] of the Assam Cooperative Societies Act, 2007 in an appeal purportedly preferred under Section 111 of the said Act by the respondent no. 4. By the impugned Order, the Registrar of Cooperative Societies, Assam [the respondent no. 2] has set aside an Advertisement, also published in the newspaper, inviting applications for appointing a new Secretary in a cooperative society, M/s Bikrampur Samaby Samity Ltd. and has allowed the respondent no. 4 to continue as the Secretary of M/s Bikrampur Samaby Samity Ltd. until further order.

2. The petitioner no. 1 herein is M/s Bikrampur Samaby Samity Ltd. [hereinafter referred to as ‘M/s Bikrampur Society’, for easy reference], represented by the Chairman of the Board of Directors of the Society, and the petitioner no. 2 is the Chairman of the Board of Directors of M/s Bikrampur Society.

3. Before proceeding further, it appears appropriate to reproduce the Order bearing no. GPSS.35/2001/334, in its entirety, for the purpose of understanding the nature of challenges made herein :-

GOVERNMENT OF ASSAM

OFFICE OF THE REGISTRAR OF COOPERATIVE SOCIETIES :: ASSAM

KHANAPARA ::::: GUWAHATI-22.

No. GPSS.35/2001/334

Dated Guwahati the 10th January 2022

Whereas an appeal petition dated 14.12.2021 has been filed by Sri Abhijit Chakrabotary under Section 49 [2][l] of the Assam Cooperative Societies Act, 2007 against the cancellation of his appointment and the advertisement of the new Secretary of Bikrampur S.S. Ltd.

And whereas the appeal has been admitted under Section 111 of Assam Cooperative Societies Act, 2007 , and date of hearing has been fixed on 10.01.2022 and accordingly called the persons concerned for hearing.

On the date of hearing Sri XXXX, Zonal Joint Registrar of Cooperative Societies, Silchar, Sri XXXX, Assistant Registrar of Cooperative Societies, Silchar, XXXX, Chairman of Bikrampur S.S. Ltd. on behalf of the Board of Director of Bikrampur S.S. Ltd. and Sri Abhijit Chakrabotary, petitioner were present.

Heard them and perused the connected record.

And whereas on perusal of the record and hearing the parties it is observed that

[1] The petitioner who has been removed from the post of the Secretary was not given prior notice for his removal nor he was given any chance for his defense.

[2] Only 6 members have signed in the resolution of the Board of Director meeting held on 07.10.2021 which is short of the requisite quorum 8 members of the Board of Director as required under Section 43 [5] of Assam Cooperative Societies Act, 2007 .

And whereas the Board of Director of the Bikrampur S.S. Ltd. has contravened the provision of Section 35 [2] of Assam Cooperative Societies Act, 2007 .

And whereas no natural justice was given to the petitioner prior to his removal, the advertisement published for appointment of Secretary is liable to be set aside.

Now, therefore, I Sri XXXX, IAS, Registrar of Cooperative Societies, Assam in exercise of power conferred under Section 49 [2][l] of Assam Cooperative Societies Act, 2007 do hereby set aside the advertisement published in the newspapers and allow Sri Abhijit Chakrabotary to continue as the Secretary of Bikrampur S.S. Ltd. until further order.

This order comes into force with immediate effect.

4. The necessary and relevant events leading to the passing of the Order, extracted above, can be narrated, in brief, at first.

4.1. The petitioner no. 1, M/s Bikrampur Samabay Samity Ltd. is a cooperative society registered under the provisions of the Assa