MD HASNUR CHOUDHURY Vs. SISIR KUMAR LAHKAR

JUDGEMENT

(1.) Mr. Sisir Kumar Lahkar, the first respondent herein, who contested for the Chairmanship of the co-operative Society called " Saraighat GPSS Ltd. "" registered under the Assam Co-operative Societies Act, presented a writ petition in Civil Rule No. 2639/97 challenging the order of the Registrar of Co-operative Societies, Assam, respondent No. 3 herein, made on 29th May, 1997, and the writ petitioner had sought for quashing of the same.

(2.) This was contested by the respondents in the writ petition. However, the learned Single Judge of this Court by an order made on 24th June, 1997, allowed the writ petition setting aside the order of the Registrar of Co-operative Societies, Assam. Aggrieved by this order of the learned Single Judge, this appeal has been presented by the appellant, Md. Hasnur Choudhury.

(3.) A few facts which are necessary for disposal of the appeal are as follows : It is not in dispute that Mr. Sisir Kumar Lahkar having contested the Election, became the Chairman of the above Co-operative society continuously for four years. It is also not in dispute that for the fifth year, he contested for the said office. The election was held and that he was declared elected as Chairman for l:he year 1997-98. However, he received a communication on 31st May, 1997, issued by the Registrar of Co-operative Societies, Assam, the third respondent herein, on 29th May, 1997, invoking the provisions of Rule 27 of the Assam Co-operative Societies Rules, 1963, hereinafter referred to as the Rules, by which, the application presented by the writ petitioner seeking permission under Rule 27 of the Rules had been rejected. It is this order which was called in question in the writ petition referred to above. The contention made by the petitioner was that in view of the provisions of Rule 27 of the Rules, referred to above, the Registrar ought to have considered the application made by the petitioner before the actual election was held for the office of the Chairman. On the other hand, he received the communication three days after the elections. Accepting the grounds of challenge made by the petitioner and holding that the impugned order of the Registrar of Co-operative Societies was illegal, the learned Single Judge quashed that order and allowed the writ petition. Hence this appeal.