WP(C) 3054/2010 BEFORE HON’BLE MR JUSTICE HN SARMA Heard Mr. MK Choudhury, learned Sr. counsel assisted by TN Srinivasan, learned counsel for the petitioner. Also heard Mr. P. Roy, learned Addl. Sr. Govt. couns el appearing for the official respondents. The subject matter of challenge in this writ petition is the order dated 5.5.10 by which the Registrar of Co-operative of Societies admitting the appeal filed under Section 80 of the Assam Co-operative Societies Act by the respondent Nos. 5 and 6 canceling the approval granted to the proceedings of the Managing Commi ttee of Gobindaganj Fakua Co-operative Society Ltd so far it relates to the res olution No. 1 namely election of the Managing Committee which was held in the G eneral Meeting of the society on 8.3.10. Mr. Choudhury submits that the AGM and election of the said society was held o n 8.3.10 and in the said AGM the present petitioner was elected as Chairman of t he society along several others as members conducted by the observer. Thereafter , the proceeding of the AGM was forwarded on 10.3.10 to the Asst. Registrar of C o-operative Societies who vide order dated 12.3.10 amongst other things, approv ed the resolution No.1 wherein formation of the Managing Committee of the Societ y was resolved with the petitioner as Chairman. Thereafter, the respondent Nos. 5 and 6 filed an appeal before the Registrar of Co-operative Societies challeng ing the proceedings of the AGM including the election. The Registrar of Co-oper ative Societies vide order dated 5.5.10 fixed on 26.4.10 to hear the matter with official of the department as well as appellants, the description of which can be found from paragraph 3 of the impugned order. The grievance of the petitioner is that after such hearing the appeal was dispos ed by the Registrar of Co-operative Societies without offering any opportunity o f hearing to the petitioner and set aside the approval of election of the petit ioner as Chairman of the society vide order dated 5.3.10. Being aggrieved by the aforesaid order, the present writ petition has been filed by the petitioner. From bare perusal of the impugned order it is to be found that the impugned orde r was passed canceling the approval of the meeting of the Society, particularly in respect of the constitution of the Managing Committee wherein the petitioner was elected as Chairman without affording any opportunity of hearing or without issuing notice and this action of the authority amounts to gross violation of t he basic principle of law, adversely affecting his valuable right. Mr. Roy, learned Govt. counsel on the face of the recitals in the impugned order has found it difficult to support the impugned order. In view of what have been discussed above, this writ petition is accepted to th e extent that the Registrar of Co-operative Society shall hear the appeal filed by the respondents afresh providing opportunity of hearing of all concerned incl uding the petitioner and other elected members of the Society who were elected i n the AGM dated 8.3.10 and thereafter pass appropriate order that may be justifi ed under the law and facts. In view of the discussion, the impugned order dated 5.5.10 stands quashed and th e Registrar of Co-operative Society is directed to dispose of the appeal afresh as expeditiously as possible preferably within a period of six weeks from the date of receipt of the order. It would, however, be open to the respondents No. 5 and 6 to approach this court to justify and show that the petitioner was heard before passing the impugned o rder dated 5.5.10. This disposes of the writ petition.