PRAFULLA RAJKHOWA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. R. P. Hazarika, learned Counsel for the petitioners as well as Mr. D. C. Borah, learned Counsel appearing for the respondents No. 7 and 8.1 have also heard Ms. R. Chakraborty, learned State counsel.

(2.) THE seven petitioners who are the members of the managing committee f the society called Raidongia Samabai Samity Ltd. have filed this writ petition challenging the legality and validity of the order dated 30.08.07 passed by the Joint Registrar of Cooperative Societies, Guwahati Zone. By the said order one Shri Tapan Kumar Saikia, Senior Inspector of Cooperative Societies, Nagaon has been appointed as Executive Officer to manage the affairs of the society until further order. As reflected in the order, such a course of action has been taken on the ground that seven members of the managing committee submitted their resignation in view of which the managing committee had no quorum in its meeting. The order has been passed in purported exercise of the power Under Section 31(3) of the Assam Cooperative Societies Act, 1949.

(3.) THE seven petitioners are stated to be the members of the managing committee and it is their case that the purported resignation tendered by 7 members of the managing committee is not borne on facts. According to them had there been any such resignation of 7 members, the instant writ petition could not have been moved by 7 members. Their further stand is that if there are 7 members in the managing committee out of 12, the question of lack of quorum as indicated in the impugned order does not arise.