WP(C) 3425/2007 BEFORE HON’BLR MR. JUSTICE B.K. SHARMA. JUDGMENT AND ORDER (ORAL) All the writ petitions being connected with each other, have been heard together and are being disposed of by this common judgment and order. 2. The matter pertains to holding of Annual General Meeting (AGM)/Election in respect of the Managing Committee of the society called Dibru Dangari River Pt.-I Meen Samabay Samiti Limited in the district of Tinsukia. The basic fac ts, which have emerged from the respective pleadings of the parties and material for the purpose of disposal of the writ petitions are as follows :- 3. Shri Bikash Das is the petitioner in W.P. (C) No.4593/2007, W.P. (C) No .1568/2008 and W.P. (C) No.2636/2008. He was the Chairman of the Managing Commi ttee of the Society, the term of which was to expire on 30.5.2007. The Annual Ge neral Meeting with various agenda items was notified to be held on 30.5.2007. AGENDA 1. Appointment of permanent President. 2. The purpose of the Meeting and acceptance of Agendas for the year 2006-2 007. 3. Submission and acceptance of Budget for the Session for the year 2006-20 07. 4. Submission and acceptance of Profit & Loss accounts for the year 2007-20 08. 5. Resignation of the old Committee. 6. Election for constitution of the new Managing Committee. 7. Adoption of resolution for the year 2007-2008 and determination of amoun t of loan to be taken. 8. Others. 9. Open House. 10. Votes of Tanks by President. 4. The meeting was held on 30.5.2007 and when everything went on smoothly, after agenda item No.5, a chaotic situation arose as soon as agenda item No.6 relating to election of constitution of the new Managing Committee was taken up. Accordingly, the meeting was adjourned to 10.6.2007, but before the adjourne d meeting was held, the Assistant Registrar of Co-operative Societies by his sor der dated 8.6.2007 cancelled the meeting held on 30.5.2007. In his order, it w as stated that as a consequence, steps would be taken to appoint departmental o fficer to manage the functions of the society and to hold the election. 5. According to the petitioner, the earlier Chairman of the Managing Commit tee namely, Shri Bikash Das, who is the petitioner in W.P. (C) No.4593/2007, W. P. (C) No.1568/2008 and W.P. (C) No.2636/2008, he was not aware of the order da ted 8.6.2007, as no notice was served on him or any other shareholder of the soc iety. According to him, the order was totally uncalled for. Being unaware of s uch an order passed on 8.6.2007, the petitioner held the adjourned meeting on 10 .6.2007 and a new body was elected. The petitioner was elected as the Chairman of the new body. 6. After the conclusion of the adjourned meeting held on 10.6.2007, the pro ceedings of the meeting was forwarded to the authority for necessary approval. The proceedings was forwarded by the letter dated 11.6.2007. In the meantime, the W.T. Message dated 14.6.2007 was issued by the Zonal Joint Registrar of Co-o perative Societies, Jorhat to the Assistant Registrar of Co-operative Societies, Tinsukia intimating that the hearing will be held on 25.6.2007. However, in the W.T. Message, there was no indication as to in what respect, the enquiry was to be held. It was indicated that the parties should attend the hearing with all records/documents. 7. Before the hearing could be held, the Registrar of Co-operative Societie s passed the impugned order dated 16.6.2007 (Annexure-’E’ to the writ petition) dissolving the earlier Managing Committee headed by Shri Bikash Das exercising power under Section 32 (4) of the Assam Co-operative Societies Act, 1949. By th e same very order, the Registrar constituted an ad hoc Managing Committee nomina ting Shri Bhokto Das as the Chairman, who is the petitioner in W.P. (C) No.3334 25/2007. 8. The aforesaid order dated 16.6.2007 was withdrawn by order dated 4.7.200 7 and the ad hoc Managing Committee was replaced by one Shri Puspa Chitrakar, Senior Inspector of Co-operative Societies as the One-Man-Adhoc-Committee to man age the affairs of the Managing Committee of the Society. In the order dated 4. 7.2007, it was indicated that there would be a hearing on 21.7.2007. 9. When the matter rested thus, Shri Bhokto Das, the Chairman of the Managi ng Committee constituted by the aforesaid order dated 16.6.2007, filed the writ petition being W.P. (C) No.3425/2007 for a direction to allow his ad hoc body to continue in terms of the order dated 16.6.2007. Although the writ petition was filed on 4.7.2007 expressing apprehension of withdrawal of the order dated 16.6 .2007 but on the same day, the aforesaid order dated 4.7.2007 was passed by the Registrar of Co-operative Societies, Assam withdrawing the earlier order dated 16.6.2007. The writ petition was entertained by order dated 4.7.2007 and an i nterim order was passed directing the respondents to allow the ad hoc committee constituted by order dated 16.6.2007 to continue. 10. Shri Bikash Das filed Misc. Case No.2698/2007 in W.P. (C) No.3425/2007 p raying for vacating the interim order passed on 4.7.2007. Upon hearing the lea rned counsel for the parties, the interim order dated 4.7.2007 was vacated by or der dated 7.9.2007 with further direction that the official appointed by order dated 4.7.2007 would assume charge of the co-operative society forthwith. He wa s also directed to examine as to whether it was feasible to hold the AGM/Elec tion on 9.9.2007, which was already notified by the ad hoc Managing Committee he aded by Shri Bhokto Das, which was constituted by order dated 16.6.2007. As pe r the direction of this Court, the said authority was to verify the matter relat ing to holding of the AGM on 9.9.2007 as to whether the same needed to be postp oned. Since the order was passed on 7.9.2007, the authority which was appointe d as One Man Ad hoc Committee by order dated 4.7.2007 assumed charge of the soc iety on 8.7.2007, but without making any verification as to whether the electio n scheduled to be held on 9.9.2007 should be postponed or not, as was directed b y this Court, allowed the election to be held on 9.9.2007. It will be pertinent to mention here that in the said meeting/election, the Managing Committee, whic h was elected, comprised of the same members as was appointed as ad hoc Managi ng Committee by order dated 16.6.2007 headed by Shri Bhokto Das, the writ petit ioner in W.P. (C) No.3425/2007. It is in this context, it is submitted that Shr i Bikash Das, Senior Inspector/Auditor of the Co-operative Societies, who was ap pointed as the One Man Ad hoc Committee of the Society by order dated 4.7.2007 i s hand in gloves with the Shri Bhokto Das, the petitioner in W.P. (C) No.3425/2 007. 11. The occasion for Shri Bikash Das to file W.P. (C) No.4593/2007 arose whe n 64 members of the society including the petitioner had been asked to show cau se as to why their share from the society should not be cancelled. This, accordi ng to the petitioner, was in malafide and colourable exercise of power just to s ee ouster of the petitioner and other shareholders paving the way for Shri Bho kto Das, the petitioner in WP (C) No.3425/2007. In the writ petition, the chall enge made is also for approval of the AGM held on 30.5.2007 and 10.6.2007 and t o cancel the AGM scheduled to be held on 9.9.2007. 12. Shri Bikash Das has also filed W.P. (C) No.2636/2008 making a challenge to the aforementioned order dated 8.6.2007 by which the Assistant Registrar of C o-operative Societies cancelled the AGM held on 8.6.2007, which according to the petitioner, is absolutely without jurisdiction. 13. I have heard Mr. I. Choudhury, learned counsel for the petitioner Shri B ikash Das as well as Mr. A.K. Goswami, learned Sr. counsel representing Shri Bho kto Das. I have also heard Ms R. Chakraborty, learned Addl. Sr. Govt. Advocate, Assam. Upon a reference to the provisions of the Assam Co-operative Societies A ct, 1949 and the Rules framed thereunder and also placing reliance on the decisi on of this Court reported in(1994)1 GLR 1(Nalin Chandra Hazarika v. State of Ass am and others), Mr. Choudhury, learned counsel for the petitioner submits that t he AGM/Election held on 30.5.2007 and 10.6.2007 need to be approved towards for mation of democratically elected body. According to him, since the hearing in t he matter was pending before the authority, the Registrar could not have taken recourse to formation of ad hoc Managing Committee headed by Shri Bhokto Das, wh ich resulted in all consequential illegal action and orders. 14. Countering the above argument, Mr. Goswami, learned Sr. counsel represen ting Shri Bhokto Das, submits that holding of the AGM/election in the adjourned meeting on 10.6.2007 was inconsequential inasmuch as in the meantime, the fir st meeting held on 30.5.2007 was cancelled by order dated 8.6.2007. According t o him, there is dispute as to the agenda item No.6. It is submitted that in f act, it is Shri Bikash Das, who crated the chaotic situation to avoid his defea t as the Chairman at the hands of Shri Bhokto Das. 15. From the materials on record, what has transpired is that a dispute was raised relating to holding of AGM/Election in the meeting held on 30.5.2007 an d 10.6.2007. It is not discernible as to on what basis, the order dated 8.6.20 07 was passed. There is no dispute that the petitioner Shri Bikash Das was enti tled to adjourn the meeting in view of the chaotic situation prevailing in th e meeting dated 30.6.2007 after agenda item No.5. As per the reports furnished by the authority and even as per the stand of Shri Bhokto Das, the petitioner in W.P. (C) No.3425/2007, it is the admitted position that the agenda items of the meeting upto Sl. No.5 went on smoothly in the meeting held on 30.5.2007. Ho wever, when the agenda item relating to election was discussed, the chaotic situ ation arose and eventually, the meeting was postponed to 10.6.2007. In the case of Nalin Chandra Hazarika (supra), the Division Bench of this Court had the occ asion to deal with somewhat similar kind of situation. In that case also, the p articular meeting was adjourned to a later date and it was held that the second meeting was in continuation of the earlier meeting. It was held that the view ta ken by the Registrar that there was desolution of the Administrative Council un der Section 32 (4) of the Act was legally unsustainable. 16. In the instant case also, the Registrar of Co-operative Societies dissol ved the earlier body headed by Shri Bikash Das by his order dated 16.6.2007 invo king Section 32 (4) of the Act. Possibly realizing the fallacy, he cancelled th e said order by order dated 4.7.2007. However, he appointed the Senior Inspect or of Co-operative Societies to manage the affairs of the society with the One M an Ad hoc Committee. The order also indicated about holding of the hearing on 21.7.2007. 17. It was at that stage, Shri Bhokto Das approached this Court and obtained an interim order towards his continuation in the office. The same was vacated by order dated 7.9.2007 with further direction to the One Man Ad hoc Committee to consider and verify as to whether the election scheduled to be held on 9.9.20 07 should be held or not. Admittedly, no such verification was made by the sa id officer and instead, allowed the election to be held. Subsequently, ,he tr ied to justify holding the election on 9.9.2007 by his report dated 19.9.2007. As per his report, he did not defer the election as the arrangements were alrea dy made towards holding the meeting. The requirement of the interim direction of this Court dated 7.9.2007 was to verify as to whether the election should be held or not. Admittedly, the exercise in terms of the said order dated 7.9.2007 was not carried out by the said officer. 18. The present position is that the affairs of the Managing Committee of th e society is being run by the One Man Ad hoc Committee as there is embargo towar ds approval of the AGM held on 7.9.2007. As per the interim direction of this Co urt dated 7.9.2007, the AGM held on 9.9.2007 is not to be approved without leav e of this Court. 19. Admittedly, the earlier AGM was held on 30.5.2007 and the same had to be adjourned to 10.6.2007 with the chaotic situation created as soon as agenda item No.6 was set to motion. The adjourned meeting was held on 10.6.2007. As noted above, it is not discernible as to on what basis and under what authority , the Assistant Registrar of Co-operative Societies by his order dated 8.6.2007, cancelled the AGM held on 30.5.2007. By the W.T. Message dated 14.6 .2007, a h earing was fixed on 25.6.2007. But before the same could be held, the Registra r passed the order dated 16.6.2007 constituting the ad hoc Managing Committee h eaded by Shri Bhokto Das. Thereafter, he cancelled the same by order dated 4.7. 2007 fixing the hearing on 21.7.2007. Such hearing could not take place due to subsequent developments and the order passed by this Court, discussed above. 20. While it is the submission of the leaned counsel for the petitioner Shr i Bikash Das that the AGM held on 30.5.2007 and 10.6.2007 should be approved by the authority, it is the submission of the learned counsel representing Shri B hokto Das that the said AGM/Election cannot be approved in view of the fact that the meeting held on 30.5.2007 was cancelled by order dated 8.6.2007. The juris diction and authority of the Assistant Registrar of Co-operative Societies towar ds cancellation of the meeting held by the Managing Committee of the Society is not discernible. The circumstances in which and/or in whose behest the order wa s passed, are also not discernible. On the other hand, to resolve the dispute, a hearing was fixed which never took place due to the apathy shown by the res pondents and secondly, in view of the ongoing litigation. 21. Considering the matter in its entirety, I am of the considered opinion t hat the matter should be left to be decided by the Registrar of Co-operative Societies, Assam. He will consider as to whether the AGM held on 30.5.2007 and 10.6.2007 should be approved or not and as to whether the intervening order dat ed 8.6.2007 issued by the Assistant Registrar of Co-operative Societies was just ified or not. He will also examine as to whether in the facts and circumstances , there should be fresh AGM/Election in respect of the society. He shall pass ap propriate order after hearing both the parties, as expeditiously as possible, bu t at any rate, not later than 31st July, 2008. He will also examine as to the justification of the issuance of the show cause notice to the petitioner and oth er shareholders of the members. 22. In the event of deciding to hold fresh AGM/election, same should be held under supervision of the Joint Registrar dissociating the officer concerned who was appointed as the One Man Ad hoc Committee vide order dated 4.7.2007. 23. With the above direction, the writ petitions are disposed.