NAZRUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition has been filed challenging an order dtd. 14/12/2022 passed by the Registrar of Cooperative Societies, Assam in an appeal preferred by the respondent no. 5. By the impugned order dtd. 14/12/2022, the matter regarding appointment of Secretary of the Dhupaguri Samabai Samitee Ltd. (hereinafter referred to as the Samitee) in the district of Nagaon was set aside.

(2.) It is the case of the petitioner that he was appointed as the Salesman-cum-Loan Collector for the Samitee. On 21/9/2022, the Secretary of the Samitee had expired whereafter the occasion had arisen for filling up the said post in which, along with the petitioner, there was another contender, viz, the respondent no.5. In the resolutions of the Samitee dtd. 14/10/2022, more specifically, the Resolution No. 4, an unanimous decision was taken for referring the matter to the ARCS to take a decision for appointment of the Secretary whereafter, the present petitioner was appointed. The said order of appointment was the subject matter of challenge in the appeal before the Registrar of Cooperative Societies which has been disposed of vide the impugned order dtd. 14/12/2022. By the said order, the impugned resolution was set aside and the matter was remanded to the Society to take a fresh decision for appointment of the Secretary as per Sec. 38 (2) of the Assam Cooperative Societies Act, 2007 (hereafter referred to as the Act) and to take a decision by majority by following Sec. 44 of the Act.

(3.) I have heard Shri S Borthakur, learned counsel for the petitioner as well as Shri G Bordoloi, learned Standing Counsel, Cooperation Department, Assam. I have also heard Shri NNB Choudhury, learned counsel for the respondent no. 4 whereas the respondent no. 5 is represented by Shri MK Hussain, learned counsel.