WP(C) 652/2010 BEFORE THE HON’BLE MR. JUSTICE BP KATAKEY JUDGMENT AND ORDER (ORAL) 1. All these petitions being related to the election to the post of Chairman of Sela Sarikaria Fishery Cooperative Society Ltd., a society register ed under the provisions of the Assam Cooperative Act, 1949, are taken up togethe r for hearing and disposal as agreed to by the learned counsel for the parties. 2. The WP(C) No. 652/2010 has been filed by one of the share holder s of the said society challenging the election of the respondent No. 5 as Presid ent of the said Society in the annual general meeting held on 22.1.2010 basicall y contending that though he filed the petition before the Assistant Registrar, C ooperative Societies, the approving authority, relating to the election of the r espondent No. 5 requesting the said authority not to approve his election as Pre sident of the Society on the ground that he was a defaulter and was expelled fro m the membership of the said society and therefore cannot contest the election, such petition has not been taken into consideration. 3. WP(C) No. 741/2011 has been filed by the petitioner who conteste d the said election for the post of President and lost to respondent No. 6, who is the respondent No. 5 in WP(C) No. 652/2010, challenging the election of the s aid respondent on the same ground as taken by the petitioner in WP(C) NO. 652/20 10. The petitioner in this writ petition, however, did not file any petition bef ore the Assistant Registrar, Cooperative Societies, as was filed by the petition er in WP(C) No. 652/2010. 4. WP(C) No. 351/2011 has been filed by the petitioner who has been elected as the President of the said Society in the election held in the annual general meeting on 22.1.2010 challenging the order dated 3.1.2011 passed by the Registrar of Cooperative Societies withdrawing the approval accorded by the Ass istant Registrar of the Cooperative Societies to the election held on 22.1.2010 on the ground that this Court vide order dated 1.2.2010 passed in WP(C) No. 652/ 2010 directed not to accord approval to the election of the writ petition as Pre sident. 5. Contempt Petition No. 405/2010 has been filed by the petitioner in WP(C) 652/2010 alleging willful and/or deliberate violation of the interim di rection passed by this Court on 1.2.2010 contending that though there was a posi tive direction not to accord approval to the election of the respondent No. 5 as President, such approval was granted. 6. Misc. Case No. 593/2011 has been filed by the writ petitioner in WP(C) No. 351/2011 who is the respondent No. 5 in WP(C) No. 652/2010 for vacati on of the interim order passed in WP(C) No. 652/2010 contending that before pass ing such order on 25.1.2010 the Assistant Registrar, Cooperative Societies has a pproved the election of the President of the said Society. 7. I have heard Mr. Payeng, learned counsel for the petitioner in W P(C) No. 652/2010, Mr. Bora, learned counsel for the petitioner in WP(C) NO. 741 /2011 as well as Mr. Saikia, learned counsel for the petitioner in WP(C) No. 351 /2010 who is also the respondent No. 5 and respondent No. 6 in WP(C) No. 652/201 0 and WP(C) No. 741/2011 respectively. I have also heard Ms Phukan, learned Stat e counsel appearing for the State respondents. Mr. Payeng, learned counsel appea ring for the petitioner in Contempt Petition No. 405/2010 has also been heard. 8. It is submitted by Mr. Payeng, learned counsel that though the p etition was filed before the Assistant Registrar, Cooperative Societies on 25.1. 2010 requesting him not to approve the election of the respondent No. 5 in WP(C) No. 652/2010, the Assistant Registrar, Cooperative Societies approved the elect ion, without considering the serious objections relating to the election of Prad ip Hazarika before granting approval. It has also been submitted that the respon dent No. 5 being a defaulter and he being no longer a share holder of the Societ y in question, having been expelled, cannot be a candidate to any post including the post of the president of the society but he was allowed to contest the elec tion for which the petition before the Assistant Registrar, Cooperative Societie s was filed for not according approval to the election of the said respondent. 9. Mr. Bora, learned counsel has also submitted that Sri Pradip Haz arika being a defaulter and he having been expelled for the society cannot conte st the election and hence his election to the post of the President of the Socie ty as well as the approval accorded by the Assistant registrar, Cooperative Soci eties need to be interfered with. 10. Mr. Saikia, learned counsel appearing for Sri Pradip Hazarika on the other hand has submitted that though the resolution was adopted by the Soci ety for his expulsion, the said resolution was never approved by the approving a uthority and that being the position, such resolution is non est in law and henc e cannot be acted upon. It has also been submitted that the Assistant Registrar of Cooperative Societies allowed Sri Pradip Hazarika to contest the election, th e said resolution of expulsion having not been approved. It has also been submit ted that as and when the date was fixed for holding the annual general meeting t he respondent No. 5 has cleared all the dues of the Society. The learned counsel , therefore, has submitted that no illegality has been committed by the Assistan t Registrar of Cooperative Societies by approving the election of Pradip Hazarik a as President of the Society. According to the learned counsel as the petition before the Assistant Registrar for not approving the election of the respondent No. 5 was filed after the Assistant Registrar of Cooperative Societies accorded approval to the election of Sri Pradip Hazarika, the same was naturally not take n into consideration. In support of the prayer made in WP(C) No. 351/2011 Mr. Sa ikia, learned counsel submits that the Assistant Registrar, Cooperative Societie s having approved the election of the President i.e. much before the interim ord er dated 1.2.2010 passed in WP(C) No. 652/2010, the Registrar of Cooperative Soc ieties ought not to have passed the impugned order dated 3.1.2011, withdrawing t he approval already granted by the Assistant Registrar, when there was no direct ion to withdraw the approval already granted. 11. Ms Phukan, learned State counsel appearing for the State respon dents placing reliance on the affidavits filed by the Assistant Registrar of Coo perative Societies in WP(C) No. 652/2010 has submitted that since the Assistant Registrar, Cooperative Societies had no reasons to disapprove the election of Pr adip Hazarika, such election was approved vide order dated 25.2.2010. The learne d counsel, however, submits that there is no indication in the record as to whet her the petition filed by the petitioner in WP(C) No. 652/2010 was received by t he Assistant Registrar after according the approval or before that. The records also do not reflect consideration of such petition filed by the writ petitioner in WP(C) No. 652/2010. It has also been submitted that since this Court vide ord er dated 1.2.2010 passed in WP(C) No. 652/2010 directed not to accord approval t o the election of the respondent No. 5 as President of the Society, the Registra r Cooperative Societies has rightly passed the order dated 3.1.2011, suspending the order according approval by the Assistant Registrar. 12. I have considered the submissions of the learned counsel for the parties, perused the pleadings of the parties and also the records produced by Ms Phukan, learned State counsel. 13. It is not in dispute that Sri Pradip Hazarika contested the elec tion for the office of President of the Society and he having secured the maximu m number of votes was elected in the election held in the annual general meeting on 22.1.2010. The records produced by Ms Phukan reveal existence of the petitio n filed by the writ petitioner in WP(C) No. 652/2010 before the Assistant Regist rar requesting him not to approve the election of Pradip Hazarika on the ground that he cannot be a candidate as he was a defaulter and was expelled from the me mbership of the Society. The records further reveal that on 25.1.2010 the approv al was granted i.e. the date on which such petition was filed for not according approval to the election of Pradip Hazarika. 14. As noticed above, it is the contention of Pradip Hazarika in the affidavit-in-opposition filed in WP(C) NO 652/2010 that such petition could not be taken into consideration by the Assistant Registrar as the same was filed af ter according approval by him on the same date. The Assistant Registrar in his a ffidavit filed did not support such contention of Pradip Hazarika. Relating to t he statement made in Para 8 of WP(C) No. 652/2010 that the Assistant Registrar w as requested not to approve the election of Pradip Hazarika as President by fili ng the petition on 25.1.2010, the Assistant Registrar in his affidavit-in-opposi tion has stated that he found no reason as to why the election of Pradip Hazarik a as President should not be approved. It is not the stand taken by the Assistan t Registrar that he received the petition after he accorded approval to the elec tion of the President. Thus the contention of Pradip Hazarika, who is the respon dent No. 5 in WP(C) No. 652/2010, that the Assistant Registrar did not take into consideration the petition as the same was filed after the approval was accorde d, cannot be accepted. The fact remains that the Assistant Registrar did not tak e into consideration the serious allegations made by the writ petitioner in WP(C ) No. 652/2010 requesting not to accord approval to the election of the Presiden t. Such petition having been filed prior to according approval to the election o f the President, the Assistant Registrar is bound to take the same into consider ation and to decide as to whether such approval is to be given or refused, which has not been done in the instant case. 15 It also appears that the Registrar of Cooperative Societies on 3 .1.2011 withdrew the approval accorded by the Assistant Registrar to the electio n of Pradip Hazarika as the President of the Society, in view of the order passe d by this Court in WP(C) NO. 652/1020. This Court by the said order dated 1.2.20 10, keeping in view the serious nature of allegations made, directed the Assista nt Registrar, Cooperative Societies not to approve the election of Pradip Hazari ka as the President. The Registrar, Cooperative Societies by withdrawing the app roval already granted and appointing an officer to manage the affairs of the Soc iety as an interim measure, has given effect to the aforesaid order passed. Keep ing in view the serious allegations levelled against the President elect, no ill egality can be found in the said order dated 3.1.2011 passed by the Registrar, m ore so when the order was passed as an interim measure pending disposal of the w rit petition. 16. As noticed above, the objections as raised by the petitioner in WP(C) No. 652/2010 relating to the election of Pradip Hazarika as the President have not been dealt with by any authority till date including the Assistant Regi strar though such petition was filed before he accorded approval to such electio n. 17. That being the position the matter is remitted to the Registrar of Cooperative Societies to consider the petition filed by the petitioner in WP( C) No 652/2010 before the Assistant Registrar, and to decide the said petition a nd pass a speaking order after hearing all the parties concerned. 18. In the event the Registrar of Cooperative Societies finds that t he election of Pradip Hazarika as President is valid, necessary approval shall b e accorded so that the elected person can manage the affairs of the Society, oth erwise necessary follow up action for electing the president shall be taken. The said proceeding is directed to be completed within a period of one month from t he date of appearance of the parties as fixed by this Court by this order. The R egistrar, however, in deciding the said proceeding shall not be influenced by th e interim order dated 1.2.2010 passed in WP(C) No. 652/2010. 19. The parties to the present proceeding are directed to appear bef ore the Registrar of Cooperative Societies on 14.6.2011. 20. Till such decision is taken by the Registrar, the one man ad hoc committee as appointed by the Registrar by order dated 3.1.2011 shall continue to manage the affairs of the said Society. 21. The writ petitions, the contempt petition as well as the Misc. C ase stand accordingly disposed of. No cost.