SURUZ AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) The President of the Ad hoc Committee reconstituted for managing the affairs of the Sontoli Gaon Panchayat Samabai Samiti Ltd. is the petitioner. A copy of the petition has been served on the learned Govt. Advocate appearing for respondents 1 and 2. The third respondent appears before us through counsel. We have heard learned counsel appearing for all the parties.

(2.) By Annexure-2, tetter dated 29-7-91, the Under Secretary to the State Government required the Registrar of Co-operative Societies to reconstitute the ad hoc Committee of the. Society to manage the affairs of the Society with the members indicated in the letter. This direction was implemented by the Registrar by issuing Annexure-I order constituting thg ad hoc Committee on 31-7-91. On the 16th day therefrom, namely, on 16-8-91, the same Registrar superseded the Annexure-I order "in the larger interest of co-operative movement in general and interest of members of Sontoli Gaon Panchayat level Samabay Samity Ltd. in particular" and reconstituted the Managing Comittee with a different set of office bearers. The third respondent represents this reconstituted body. The petitioner challenges the Annexure-4 order superseding the Annexure-1 order reconstituting the Managing Committee. The main allegation of the petitioner is that the Annexure-4 order has been inspired by the Minister of State, Forest and Fisheries in the Govt. of Assam. That this allegation is true can be seen from the note made in Annexure-4 indicating that a copy was forwarded to the P.S. to the Minister of State, Forest and Fisheries etc. "for information of Minister with reference to his letter No. RSF 13/91/5 dated 30-7-91."

(3.) We directed the learned Govt. Advocate to place the file as well as the letter before us. What has been placed before us is only the file containing the official orders and the letter of the Under Secretary to the Government. The letter dated 30-7-91 referred to in Annexure-4 is not placed before us. In the circumstances, necessarily, we draw the inference that the reconstitution has been effected at the instance of Hon'ble Minister of State, Forest and Fisheries.