RANJIT KUMAR ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. T.J. Mahanta, learned senior counsel for the petitioner, Mr. M.J. Quadir, learned counsel for the respondent No.7, Mr. S.K. Talukdar, learned counsel for the Co-operation Department and Ms. M. Bhattacharjee, learned counsel for the respondent No.5.

(2.) The communication dated 01.01.2021 of the In-Charge Additional Registrar of Cooperative Societies addressed to the Registrar of Cooperative Societies, Hailakandi whereby Shri Dilbar Hussain Barbhuiya had been appointed as the Secretary of Bhatirkupa S.S. Ltd. has been assailed in this petition. In the said communication it is stated that Shri Dilbar Hussain Barbhuiya had been appointed as the Secretary as per the resolution of the Managing Committee of the Society in its meeting held on 16.12.2020 in exercise of the powers under Clause 28 of the bye-laws of the society, provided that the said person is qualified under Section 49 of the Assam Cooperative Societies Act, 2007.

(3.) Mr. T.J. Mahanta, learned senior counsel relies upon the provision of Rule 33 of the Assam Cooperative Societies Rule 1953 which provides for a particular procedure to be followed for removal of the Secretary of a Cooperative Societies which in fact is through a resolution of a meeting of the general assembly specially convened for the purpose.