WP(C) 1327/2010 BEFORE HON’BLE MR. JUSTICE B.P. KATAKEY The petitioners, who were elected as Office Bearers of Tirap Samabai Samitee Lim ited, a Society registered under the provisions of the Assam Cooperative Societi es Act, 1949 (in short, the Act ) in the meeting of the Society held on 16th Oc tober, 2009, by the present petition have challenged the order dated 21st Decemb er, 2009 passed by the Registrar of Cooperative Societies, Assam in exercise of the power conferred under Section 80 of the said Act and on the basis of the app eal filed by the present respondent Nos.7 to 9, whereby and whereunder the elect ion held on 16th October, 2009 and the approval accorded by the Assistant Regist rar of Cooperative Societies are set aside and the direction has been issued to hold the Annual General Meeting (AGM) after preparation of a correct voters list . I have heard Mr. N. Haque, learned counsel for the petitioners, Mrs. V.L. Singh, learned State Counsel appearing for the respondent Nos.1 to 5 and Mr. W. Imran, learned counsel appearing for the respondent Nos.7 to 9. It has been contended by the learned counsel for the petitioners that though the petitioners were elected as Office Bearers in the AGM held on 16th October, 200 9 and their election was approved by the approving authority, namely the Assista nt Registrar of Cooperative Societies, such election and the approval are set as ide by the Registrar of Cooperative Societies vide order dated 21st December, 20 09, even without issuing any notice to them and thereby denying them of their ri ght to demonstrate before the Registrar that the appeal preferred by the present respondent Nos.7 to 9 may not be entertained. The learned counsel, therefore, submits that the order dated 21st December, 2009 passed by the Registrar may be set aside. Mrs. V.L. Singh, learned State Counsel appearing for the respondent Nos.1 to 5 p roducing the records maintained by the Registrar of Cooperative Societies has su bmitted that though the record reflects hearing of the appellants, namely, prese nt respondent Nos.7 to 9 as well as the officials of the Cooperative Department, it does not reflect issuance of notice to the present petitioners, who were ele cted as the Office Bearers of the Society in the meeting held on 16th October, 2 009. The learned State Counsel, however, has submitted that since the election w as held on the basis of an incorrect voters list, the Registrar has set aside th e proceeding dated 16th October, 2009 as well as the approval granted by the Ass istant Registrar of Cooperative Societies. Mr. Imran, learned counsel appearing for the respondent Nos.7 to 9 supporting th e arguments advanced by Mrs. Singh, learned State Counsel has also submitted tha t the Registrar, in view of the materials made available before him, had no othe r alternative but to set aside the proceeding dated 16th October, 2009 as well a s the approval accorded by the Assistant Registrar of Cooperative Societies appr oving the AGM of the society relating to the election. The question, which falls for determination, in view of the aforesaid submission made by the learned counsel for the parties, is whether any notice was issued t o the petitioners or they were given the opportunity of being heard in the appea l preferred by the respondent Nos.7 to 9 before the Registrar under Section 80 o f the Act and whether they have a right to be heard. It is not in dispute that the AGM of the Society in question was held on 16th Oc tober, 2009. In the said AGM, the Office Bearers of the Society were also elect ed. While the petitioner No.1 was elected as Chairman, the petitioner No.2 and 3 to 6 were elected as Vice Chairman and members, respectively. The proceeding of the said AGM was approved by the Assistant Registrar of Cooperative Societies , as required under the Act and the Rules framed thereunder. The respondent Nos.7 to 9 being aggrieved by such election as well as the approv al accorded by the Assistant Registrar of Cooperative Societies preferred an app eal under Section 80 of the Act before the Registrar of Cooperative Societies. In the said appeal, it appears from the record produced by Mrs. Singh, learned S tate Counsel, that while the present respondent Nos.7 to 9, who were the appella nts, as well as the officials of the Cooperative Department were heard on 15th D ecember, 2009 and on 21st December, 2009, the records do not reveal issuance of any notice to the present petitioners, who were elected as the Office Bearers of the said Society in the election held on 16th October, 2009. There is also no indication that they were present and heard by the Registrar of Cooperative Soc ieties before passing the order dated 21st December, 2009. The petitioners havi ng been elected as Office Bearers in the election held on 16th October, 2009 and the said proceeding having been approved, they have acquired the right of manag ing the affairs of the Society and as such, they have a right to be heard before any order is passed by the appellate authority under Section 80 of the Act, as any adverse order passed would take away the petitioners’ right of managing the affairs of the Society by virtue of their election held on 16th October, 2009. In the instant case, as noticed above, the Registrar of Cooperative Societies ha s passed the impugned order dated 21st December, 2009 without affording any oppo rtunity of being heard to the petitioners. That being the position, the impugned order dated 21st December, 2009 cannot sta nd the scrutiny of law, the same being passed in violation of the principles of natural justice and hence, the same is set aside. The Registrar of Cooperative Societies is directed to decide the appeal preferre d by the respondent Nos.7 to 9 afresh. The petitioners as well as the responden t Nos.7 to 9 are directed to appear before the Registrar of Cooperative Societie s on 7th March, 2011 at 11-00 AM. The Registrar of Cooperative Societies, there fore, need not issue any notice either to the petitioners or to the respondent N os.7 to 9. The notice, however, may be issued, if required, to the officers of the Cooperative Department. In the appeal, the election of the petitioners being under challenge, an effort shall be made by the Registrar of Cooperative Societ ies, Assam to decide the said proceeding within a period of 45 (forty-five) days from today. The writ petition is accordingly allowed to the extant indicated above. No cost s.