WP(C) 5878/2007 BEFORE HON’BLE MR JUSTICE H.N. SARMA Heard Ms. U. Baruah, learned counsel appearing for the petitioner in W.P.C. 5878 /2007 and Mr. P. N. Goswami, learned counsel for respondent no. 8. Also heard M s. Phookan learned counsel for the state respondents. The respondent no. 8 has filed the WPC No. 490/2008.. In W.P.'. 5878/2007 the petitioner has challenged the orders dat ed 29-10-2007 vide Annexures IV, V & VI passed by the Zonal Joint Registrar of Co-operative Societies Kokrajhar, respondent no. 3. In the other Writ Petition(C) No. 490/2008 the respondent no. 8 h as challenged the order of the Addl. Deputy Commissioner, Dhubri dated 3-11-2007 by which the Additional Deputy Commissioner, Dhubri directed the Zonal Joint Re gistrar of the Co-operative Societies, Kokrajhar to allow the existing Managing Committee of M/s Gauripur Co-operative Fishery Society to continue to manage and run the two settled fisheries with the Society. In W.P.(C) 5878/2007 the membership of the petitioner in respect o f the said Society were cancelled by the respondent authorities in view of they being also members of another defaulting society viz. M/s Silai Naleya Fishery C o-operative Society Ltd., vide order dated 29-10-2007. That apart vide order pas sed on the same date the managing committee of the society was also dissolved du e to involvement of the Secretary of the society Debendra Nath Sarkar who was fo und to be the member of M/s Silai Naleya Fishery Co-operative Society Ltd. After dissolving the managing committee of the society vide order passed o n the same date a one man committee with Re spondent No. 6 as the Executive Officer and Respondent No. 7 as the Secretary of the society respectively have been constituted. By the said order five departme ntal officers are also appointed to collect revenue from the fishery ghat of the Mahal. Ms. Baruah submits that the entire action in cancelling the names of the p etitioners was taken by the respondent without serving any notice to show cause prior to the action taken for cancellation of the membership of the society and hence there has been gross violation of the principle of natural justice in canc eling their names. It is also submitted that the alleged report furnished by the respondent no. 5 which is the basis of the cancellation, was also prepared behi nd their back and the document stated to have been signed by the petitioner, was in fact a fraudulent one. It is alleged that by appointing a one man committee to manage affairs of the society, the respondent has appointed one Executive Officer and one Secretary and directed five of the departmental offic ers to collect revenue from the society but these officers have neither paid the money nor any accounts of the revenue so collected has been furnished in the ac count of the society and the ultimate adverse affect for non payment of the reve nue would fall upon the society. Challenging the impugned actions in canceling t heir memberships, the petitioner has filed an appeal before the Registrar of Co- operative Society. It is stated at the Bar that the appeal has not yet been disposed of and the petitioner has approached this Court by filing this writ petition, whil e the appeal is still pending. In view of the aforesaid facts situation, the position thus emerges, is that regarding the allegation of cancellation of membership of the petitione r, the same is under scrutiny of the appellate authority, and in my considered opinion, it would be just and proper to dispose of the said appeal relating to t he cancellation of the membership of the petitioner by the Registrar, as expedit iously as possible, at any rate within the period not less than forty five days from the date of receipt of a certified copy of this order. It is ordered accord ingly. The petitioner would also be entitled to raise and substantiate the ple a that the written statement 4.9.2007 referred at para 3 of the impugned order dated 29.10.2007 dissolving the managing body of the society, is false, fabricat ed and manipulated one prepared after obtaining signature in blank paper for di fferent purpose and the entire action including the enquiry was conducted behind their back without even issuing any notice and on raising such and other pleas the authority shall consider them. Regarding the dissolution of the managing body and constitution of one man adhoc committee of the society, it is found that the impugned order dated 2 9-10-2007 appointing respondent no. 6, Sri Rafiqul Hussain, Senior Inspector, a s one man committee and Sri Ramananda Das, Junior Inspector as Secretary of the society with five other departmental officers to collect revenue from the fisher y was passed without mentioning therein about the constitution of the new managi ng committee, and the duration of the adhoc committee. Under Section 36 read with Section 37 of the Assam Co-opera tive Society’s Act, it is incumbent upon the authority to fix the term of such a dhoc body after taking necessary action to dissolve the society making enquiry a s contemplated under Section 30 but it has not been done in the instant case. Ac cordingly, it directed that the Zonal Joint Registrar of Co-operative Societies Kokrajhar, respondent no. 3 shall take steps to constitute the new administrativ e council/managing committee and other committees of the society within a period of 30 days from the date of receipt of this order in accordance with law from the share holder of the society and it shall be the responsibility of the Registrar Co-operative Society, Assam to see that the new managing bodie s are formed within the aforesaid period in accordance with law. Taking note of the report of the Addl. Deputy Commissioner, Dhubri dated 22-2-2008 relating to the affairs of the society, it is seen that the two departmental officers who were appointed to run the affairs of the society start ed collection of the revenue in respect of the fisheries from 13-2-2008 in dif ferent fishery ghats. It is stated that the two departmental officers are not de positing the necessary monthly share profits to the office since their taking ov er and have engaged non fisherman for collection of share money. Taking note of the other allegations made in the said report, it is d irected that the respondent nos. 6 & 7 shall immediately furnish necessary accou nts of their collection of revenue from the fishery to the ADC and shall deposit the same in accordance with law, if not done already. It is further directed th at the members of the society shall be entangled and engaged to fish in the fish ery and no person other than the members of the society should be allowed to fis h or control the affairs of the fishery relating to fishing and collection of re venue for the greater interest of the society and it shall be the responsibility of the respondent nos. 3, 4 , 6,& 7 to comply with this part of the order, in-a s-much-as in running the settled fishery the share holders have exclusive right to fish therein. It is also noted herein that the action undertaken by the earli er body would not be invalidated as subsequently the body is dissolved on accoun t of the petitioners having allegedly dual membership in two different societies . In W.P. (C) No. 490/2008 the respondent no. 8 has challenged the order dat ed 23-11-2007 passed by the Additional Deputy Commissioner, by which, the dissol ved Managing Committee of M/s Gauripur Co-operative Society has been allowe d to manage the affairs of the society. The aforesaid society having been already dissolved and without setting aside the said order and forming the new committee, such an action is not permi ssible under the law. Accordingly, the aforesaid order dated 3-11-2007 directing the dissolved m anaging committee of the society to run the affairs stands set aside. It is again made clear that all the respondent nos. 6 and 7 shall scrupul ously deposit the amount so collected as revenue from the fishery with the conce rned authorities in accordance with law, forthwith. The respondent nos. 6 and 7 shall furnish said accounts to the Deputy Commissioner within the period of two weeks from today. With the aforesaid observations and directions, these writ petitions stand disposed of.