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HIGH COURT OF GAUHATI
THE CHIEF JUSTICE, MR. JUSTICE ARUN DEV CHOUDHURY
THE REGISTRAR OF CO-OPERATIVE SOCIETIES – Appellant
Versus
THE BIKRAMPUR CO-OPERATIVE SOCIETIES LTD. – Respondent
| Table of Content |
|---|
| 1. procedural history and consolidation of appeals. (Para 1 , 2 , 3 , 4 , 5) |
| 2. factual background of the disputed termination of cooperative secretaries. (Para 6 , 7 , 8 , 9) |
| 3. analysis of the single judge's view on registrar's jurisdiction. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. summary of rival contentions regarding jurisdictional authority. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45) |
| 5. statutory duality and central functional role of chief executive. (Para 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63) |
| 6. harmonious construction of statutory jurisdictional remedies and exclusions. (Para 64 , 65 , 66 , 67 , 68 , 69 , 70 , 71 , 72 , 73 , 74 , 75 , 76 , 77 , 78 , 79 , 80 , 81 , 82 , 83 , 84 , 85 , 86 , 87 , 88 , 89 , 90 , 91) |
| 7. final orders and disposal of writ appeals. (Para 92 , 93 , 94 , 95 , 96 , 97 , 98) |
judgment :
Arun Dev Choudhury, J.
1. All these four appeals have been taken up together for the final hearing.
2. The judgment and order dated 13.03.2025 passed in WP(C) No.925/2022 has been assailed by the private re
The Chief Executive/Secretary of a co-operative society holds a dual statutory character as both an office bearer and an employee. Disputes regarding their removal are not purely private employment m....
Disputes regarding employment in cooperative societies must be resolved by the Co-operative Arbitration Court, not by the Registrar, as per the amended Section 69 of the Kerala Co-operative Societies....
Service disputes under the Kerala Co-operative Societies Act must be resolved exclusively by the Co-operative Arbitration Court, not by the Registrar, following the amendment to Section 69.
Service disputes under the Kerala Co-operative Societies Act must be resolved exclusively by the Co-operative Arbitration Court, limiting the Registrar's jurisdiction.
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 Societi....
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 ....
Section 69 of the Kerala Co-operative Societies Act excludes Labour Court jurisdiction over employment disputes, designating the Co-operative Arbitration Court as the exclusive forum for resolution.
The Assistant Registrar of Cooperative Societies lacks jurisdiction over election disputes, which must be adjudicated by the Cooperative Election Commission per the relevant regulations.
The Registrar has jurisdiction over disputes between a cooperative society and its members, regardless of the member's capacity in relation to the dispute.
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