BHUBAN CHANDRA DAS Vs. BAPU RAM DAS

JUDGEMENT

(1.) This petition under Section 115 read with Section 151 C. P. C. under Article 227 of the Constitution is against the order dated 22.12.1992 passed by the Assistant District Judge, Sonitpur at Tezpur is Misc. Appeal No. 14/92. The appeal was filed before the learned lower appellate Court against the order dated 27.8.1992 passed by the Munsiff No. 1 lezpur in Misc (J) Case No 48/92. By the above order the learned Munsiff passed ad-interim injunction against the defendants prohibiting them to act upon the order dated 248.1992 passed by the Registrar, Co-operative Societies, Assam. By the said order the Registrar of Co-operative Societies constituted an ad-hoc committee for the Co-operative Society in question consisting of members indicated in the order and also directed the committee to hold annual general meeting within 31.10.1992. A Secretary of the Co-opertive Society was also appointed. The learned lower appellate Court by the impugned order dismissed the appeal and hence the present petition by the defendant.

(2.) The petitioner herein, who was one of the defendants in the present Title Suit, is a member of the Co-operative Society namely. Ghilodhari Naduwar Mean Somabaya S amity Limited and the said Society was formed by 100 persons actual fishermen. There was some alleged anamolies in running the Co-operative Societies and the Registrar of the Co-operative Societies after enquiring dissolved the Executive Committee by order dated 5.5.1992 and appointed an Officer of the department as an Executive Officer to run the Society and to hold annual general meeting within 30th May' 92. Both the orders are available at Annexures-I and II to the petition The present respondent, who was the Secretary of the Executive Committee, was relieved from the charge of the said office by the above order of Registrar and a writ petition was filed by the President of the dissolved Executive Committee before this Court which was subsequently withdrawn vide Annexures-III and IV Thereafter respondent filed a suit for permanent injunction and also obtained an ad-interim injunction on 11 6.1992 The Executive Officer appeared before the learned Munsiff and filed a petition under Section 9 read with Section 151 CPC, and Section 79 of the Assam Co-operative Societies Act 1949. for short the Act, but the Court by order dated 6.7.1992 held that Civil Court has jurisdiction to try the Civil Suit. A revision petition was filed before this Court and by order dated 27.7.1992 passed in Civil Revision No. 288/92 the order was stayed.

(3.) In the meantime the Registrar of the Co-operative Societies by exercising powers under Section 32 (5) of the Act passed an order on 14.8.1992 and constituted an ad-hoc committee in place of the Executive Officer to run the Co-operative Society and the present petitioner was appointed as Secretary. There are other 10 members in the said Committee and the order is available at Annexure-5 to the present petition. It has been stated that the petitioner took charge of the Co-operative Society on 19.8-1992 from the Executive Officer and the new ad-hoc Executive Committee also started functioning and passed several resolutions.