ABUL KALAM AZAD Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. AM Mazumdar, the learned senior counsel for the writ petitioner and Mr.B. Choudhury, the learned State counsel.

(2.) This matter pertains to dissolution of the petitioner's Co-operative Society whicH was elected to office on 30.5.2000. During the course of argument it has been agreed by the learned counsel for the parties that the writ petition be disposed of finally.

(3.) It would appear that the petitioner was the Chairman of the erstwhile Managing Committee of the Mahabir Char-Purarchar S.S. Ltd. It was also constituted after being duly elected on 30.5.2000. The proceedings of the Annual General Meeting atnd the election were furnished before the; Asstt. Registrar of Co-operative Societies, Hat-singimari a nd the same was approved of by orders passed on 1.6.2000. The next Annual General Meeting was due by the end of May, 2001. The Secretary of the Society by an application filed on 16.5.2001 (Annaxure-2) prayed for extension of time for holding the AGM of the Society for the year 2001 -2002. This application was pending with the registrar of Co-operative Societies, Assam for a decision. Without rejecting or allowing the prayer, the Zonal Joint Registrar of Cooperative Society, Kokrajhar by an order passed on 4.6.2001 dissolved the elected Managing Committee headed by the writ petitioner in exercise of powers u\s 32(3) of the Assam Cooperative Societies Act. By the same order the Joint Registrar of Cooperative Societies appointed Shri U.B. Roy; an officer, as Executive Officer to manage the affairs of the Society. Immediate thereafter i.e. on 15.6.2001 the impugned order was passed by the Registrar of Cooperative Societies constituting an ad-hoc managing committee composed of the private respondents.