WP(C) 5259/2010 BEFORE THE HON’BLE MR. JUSTICE A.POTSANGBAM Heard Mr. H.R.A. Chowdhury, learned counsel appearing for the petitioner and Ms. V.L. Singh, learned Government Advocate appearing for the State-respondents. Al so heard Mr. S.C. Biswas, learned counsel appearing on behalf of the respondent No.5. The respondent No.5 also was elected as the Chairman of the Society could not at tend the meeting consecutively for four times and as such the Society, by invoki ng the clause 23(A) (4) of the Bye-Laws, cancelled the membership of the respond ent No.5 and this is evident from the resolution No.2 of the meeting held on 21. 3.2010. The resolution passed in this respect was submitted to the ARCS, Barpeta for approval and the ARCS, Barpeta, and the ARCS, on his turn, endorses the res olution with the remark Take action as per Bye-Law . It is also stated that the aforesaid resolution No.2 adopted in the meet ing held on 23.5.2010 was endorsed in the general body meeting. Challenging the aforesaid resolution and the endorsement thereto, the respondent No.5, filed an appeal under Section 80 of the Assam Cooperative Societies Act 1949 before Regis trar Cooperative Society, Guwahati. Though the appeal was not finally disposed, the order passed on 13.9.2010 is nothing but in the shape of a final order as it allows the respondent No.5 to continue as the Chairman of the Society and this order was passed without giving any notice to the petitioner nor to the Society and therefore, the same is liable to be interfered with for gross violation of p rinciple of natural justice. On perusal of the impugned order dated 13.9.2010, it will make it clear that no notice was given to the petitioner and the Society before the impugned o rder was passed. In this view of the matter, the impugned order dated 13.9.2010 passed by the Registrar, Cooperative Society under Memo No.GPSS.10/2004/Pt-I/169 is hereb y quashed. The Registrar of Cooperative Society is directed to hear the appeal afresh after giving adequate opportunity to the concerned parties and the concerned parties i.e. writ petitioner and the private respondent shall be liberty to raise all pe rmissible contentions before the Registrar Cooperative Society who shall decide the appeal in accordance with law. The Registrar Cooperative Society is directed to dispose of the appeal as early as possible but not later then six (6) weeks from the date of receipt of a certified copy of this order.