GOVIND CHANDRA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) A copy of the writ petition is served on Mr. D. P. Chaliha, learned Government Advocate, Assam representing respondents 1 to 4. We find it unnecessary to issue notice to Respondents 5 to 14 in the nature of the order we propose to pass.

(2.) Petitioner is a Member of Malegarh Govindapara Fishery Co-operative Societies Ltd. The election of the Managing Committee was held sometime in August, 1991, but the same was not approved. Consequently the Zonal Joint Registrar of Co-operative Societies by order dated 15-11-91 appointed an officer of the department to manage the affairs of the Society and to convene Annual General Meeting within 90 days. Before the expiry of 90 days, namely, on 24-1-92 the Registrar of Co-operative societies superseded the officer and appointed an ad hoc Committee consisting of respondents 5 to 14. This order is now challenged.

(3.) The impugned order Annexure-5 dated 24-1-92 indicates that no steps had been taken to hold the Annual General Meeting required by law. The writ petition docs not contain specific averments as to the steps, if any, taken by the officer of the department appointed to manage the affairs of the society for convening Annual General Meeting for the purpose of holding election. In these circumstances, we do not find any infirmity in the decision of the Registrar to replace the officer by an ad hoc Committee, It is averred in para 16 of the Writ petition that respondents 5, 15 and (Tusta Ram Das, Niranjan Das and Rajani Sarkar respectively) are defaulters of the society and therefore should not have been appointed members of the ad hoc Committee.