GAGAN DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner, who is the elected Chairman of Lakhimpur Samabay Samity Limited, by the present petition has challenged the order dated 23rd April, 2010 suspending the Managing Committee of the said Society in exercise of the power conferred under sub-section (3) of Section 31 read with Section 36 of the Assam Co-operative Societies Act, 1949 (in short, "the Act") and appointing the Senior Inspector/Auditor of the Cooperative Societies, Lakhimpur as one man Ad-hoc Committee to manage the affairs of the Society till a new body is elected or formed or until further order. THE petitioner has also challenged the order dated 12th July, 2010 passed by the Zonal Joint Registrar of Cooperative Societies, Tezpur Zone dissolving the Managing Committee of the said Society in exercise of the pwoer conferred under Section 37 of the Act with the direction to the one man Ad-hoc Committee constituted vide order dated 23rd April, 2010 to summon the general assembly to hold the election of the said Society as per the provisions of the Act and the Rules framed thereunder as well as the registered Bye-laws of the Society.

(2.) THE facts relevant for the purpose of disposal of the present writ petition may be noticed as under :-

(3.) MR. Phukan, learned Advocate General, on the other hand, supporting the impugned order passed by the Zonal Joint Registrar has submitted that since Bye-law 25 of the registered Bye-laws of the Society provide that 9(nine) members would form the quorum and 8(eight) elected members resigned from their office, the Managing Committee cannot function, as it cannot transact any business because of lack of quorum, which resulted in a situation where the Zonal Joint Registrar had to intervene and keeping in view the object of the Acts and formation of the Society, initially suspended the Managing Committee and thereafter, dissolved the same. The learned Advocate General further submits that Bye-law 23 of the registered Bye-laws of the Society is not applicable in the case in hand, as the vacancies caused due to resignations by 8(eight) elected members cannot be treated as casual vacancies, so as to fill up the same by holding another election for that purpose. The learned Advocate General submits that it is in the best interest of the shareholders of the Society and Cooperative movement, the order of dissolution of the Managing Committee had to be passed as without the required quorum the other members of the Managing Committee cannot transact the business thereby violating the provisions of the Act as well as the registered Bye-laws.