The appeal against the appointment or removal of a Secretary by a cooperative society's Board is not maintainable, as such powers exclusively reside with the Board under the Assam Cooperative Societies Act.

JUDGMENT :

(MANISH CHOUDHURY, J.)

The instant writ petition under Article 226 of the Constitution of India is preferred inter-alia to assail an Order dated 11.12.2024 passed by the respondent no. 3 in an appeal preferred by the respondent no. 5 on 10.12.2024 against an Order dated 07.12.2024 passed by the respondent no. 4.

2. By the impugned Order dated 11.12.2024, the respondent no. 3 had admitted the appeal preferred by the respondent no. 5 under Section 111 [1] of the Assam Cooperative Societies Act, 2007 and passed an interim direction. By the impugned Order, the respondent no. 3 while admitting the appeal, had stayed the Order dated 07.12.2024 passed by the respondent no. 4 whereby the respondent no. 4 had accorded approval to a resolution passed by the Board of Directors of M/s Rajweswarpur Samabay Samity Limited, District-Hailakandi as the Secretary. The respondent no. 3 had further observed that the interim order of stay would remain in operation till the disposal of the appeal preferred by the respondent no. 5 under Section 111 [1] of the Assam Cooperative Societies Act, 2007 [‘the Act, 2007’ and/or ‘the 2007 Act’, for short].

3. The facts leading to the institution of the writ petition can be narrated, in brief, at first. The petitioners, nine in nos., have approached this Court stating that they have a common cause of action. The petitioner no. 1 to petitioner no. 8 are Directors in the Board of Directors of M/s Rajweswarpur Samabay Samity Limited, District - Hailakandi [‘the Society’, for short], a cooperative society registered under the provisions of the Act, 2007. The petitioners have stated that the petitioner no. 1 to petitioner no. 8 got elected to the Board of the Society in an Annual General Meeting [AGM]/Election, held on 18.07.2022, with five years tenure. The respondent no. 4 had approved the proceedings of the said AGM/Election on 21.07.2022.

4. According to the petitioners, the respondent no. 5 was earlier appointed as the Secretary of the Society. As the respondent no. 5 had attained the age of sixty years, the Board of the Society was in contemplation to remove him from the post of the Secretary of the Society and in order to pass a resolution to that effect, the Board decided to hold a Meeting on 04.12.2024. The petitioners have stated that the Meeting of the Board was held on 04.12.2024. In that meeting, the Board passed a resolution vide Resolution no. 5 to terminate the service of the respondent no. 5 as the Secretary of the Society. By the said Resolution, the Board also decided to appoint the petitioner no. 9 as the Secretary of the Society. The Board in the said Meeting also resolved about the monthly salary to be paid to the newly appointed Secretary of the Society. Though reasons are assigned in the Resolution no. 5 for terminating the service of the respondent no. 5 from the post of Secretary of the Society, in view of the issues involved in this writ petition, there appears no necessity to delve into those reasons. Subsequent to the Board Meeting, held on 04.12.2024, and pursuant to Resolution no. 5, a Letter of Appointment letter was issued on 05.12.2024 under the hand of the petitioner no. 1, that is, the Chairman of the Society appointing the petitioner no. 9 as the Secretary of the Society.

5. The proceedings of the Meeting of the Board, held on 04.12.2024, wherein Resolution no. 5 was taken, were sent to the respondent no. 4 for his approval. The respondent no. 4 after consideration, vide an Office Letter dated 07.12.2024, conveyed his approval to the resolution of the Board of the