J C BHANATI Vs. STATE OF ASSAM

JUDGEMENT

(1.) By the Court. Heard Mr. B.D. Das, learned counsel for the petitioner and Sri B.D. Goswami, learned counsel for the respondent No. 4 and B.J. Talukdar, learned counsel for the respondent Nos. 1, 2 and 3.

(2.) Luhit Erasuti Mach Mahal Samabay Samitty Ltd. herein after referred as Samabay is a registered Co-operative Society under the Assam Co-operative Societies Act, 1949 for short 'Act', An election was held on 26.5.2000 wherein, the Managing Committee was elected with the petitioner Jogen Chandra Bharali as president of the said Samabay. Although, term of the Management Committee is for 3 (three) years, as required under the Rules. The annual general meeting of the Samabay was held on 30.5.2001. However, the proceeding of the said Annual General Meetings were dis-approved by the Zonal Joint Registrar of the Co-operative Societies on the ground that the AGM (Annual General Meeting) was held not in confirmity with the Rules and Bye-laws. Thereafter, Sri Jogen Mahanta, Senior Inspector of Co-operative Societies of Majuli was appointed as Officer-in-charge to manage the affairs of the Samabay. The said Mahanta issued notice, (annexure-5) informing that the Annual General Meeting of the Samabai will be held on 13.7.2001. However, before the scheduled date of election, the Zonal Joint Registrar of Co-operative Societies vide impugned order dated 6th of July, 2001, (annexure-6) constituted an ad hoc Committee under the Chairmanship of Sri Bhimeswar Medhi, as respondent No. 4.

(3.) The case of the petitioner is that the term of the duly elected Management Committee under the Presidentship of the petitioner was for 3 (three) years. Amendment of rule 27 of the Assam Co-operative Societies (Amendment) Rules, 1992 reads as follows :