ABDUL MANNAN BHUYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) 10(ten) shareholders of Kazaikata Samabay Samiti Ltd., a society registered under the provisions of Assam Cooperative Societies Act, 1949, who were elected in the Annual General Meeting of the society held on 28.01.2010 as members of the Managing Committee and which proceeding was approved by the Assistant Registrar of Cooperative Societies on 01.02.2010, has filed WP(C) No.3201/2010 challenging the order dated 21.05.2010 passed by the Registrar of Cooperative Societies in the appeal preferred by the respondent No.8 to 17 challenging the proceeding of the Annual General Meeting dated 28.01.2010 and the approval thereof by the ARCS. By order dated 21.05.2010 the Registrar of Cooperative Societies has set aside the election of the office bearers of the Managing Committee held on 28.01.2010 on the ground that valid voters list was not prepared and the same was not published as required under the law.

(2.) WP(C) No.3763/2010 has been filed by the petitioners, who were elected as Chairman and Vice Chairman in the aforesaid meeting of the society held on 28.01.2010, challenging the aforesaid order dated 21.05.2010 passed by the Registrar of Cooperative Societies and also the order dated 19.06.2010 passed by the Joint Registrar of Cooperative Societies, whereby and whereunder the respondent No.18 has been appointed as one man ad-hoc committee of the said society by canceling the earlier order dated 17.03.2010 appointing Sri Selim Khan, the Senior Inspector of Cooperative Societies, Dhubri to manage the affairs of the said society.

(3.) MR. Mondal, learned counsel for the petitioners in WP(C) Nos.3201/2010 and 6378/2010 has submitted that despite the order dated 22.03.2010 passed by this Court in WP(C) No.1779/2010 directing the Registrar of Cooperative Societies to rehear and decide the appeal filed by the private respondents after giving notice to all the elected members, though notice dated 21.04.2010 was shown to have been issued, no notice was however issued and served on the petitioners before passing the order dated 21.05.2010 by the Registrar of Cooperative Societies setting aside the election of the petitioners, thereby denying the petitioners the reasonable opportunity of being heard. It has also been submitted by MR. Mondal that since an interim order dated 11.06.2010 was passed in WP(C) No.3201/2010 directing the parties to maintain status quo, as on that date, as regards the management of the society, by order dated 19.06.2010 an one man ad-hoc committee has been appointed to manage the affairs of the society and such one man ad-hoc committee has adopted certain resolutions on 26.11.2010. According to the learned counsel, since such action on the part of the official respondents including the one man ad-hoc committee is contrary to the interim order dated 11.06.2010, the same needs interference.