SHRI MUZIBUR RAHMAN BARBHUIYA Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) This is a petition filed under Art. 226 of the Constitution of India seeking to quash Annexure 5 order No. CPSS. 14/90/99 dated 20.1.92 passed by Registrar of Co-operative Societies, Assam, Gauhati, the second respondent, reconstituting the Ad-hoc Committee for the management of fourth respondent, Rajartilla Co-operative Society Ltd., with respondents 5 to 15 as Chairman and members respectively. We have heard learned counsel for petitioner and respondents 5 to 15 and learned Govt. Advocate and propose to dispose of this writ petition.

(2.) The background of the present litigation is as follows : Since the then Managing Committee of the Society failed to convene Annual General Meeting as required under the Statutory Rules, the Committee was superseded and an Officer of the Co-operative Department put in charge of the management of the Society. However by Annexure 1 order No. CPSS. 14/90/40 dated 7.10.1991, the second respondent appointed an Ad-hoc Committee in place of the Officer mentioned above and directing the Ad-hoc Committee to convene Annual General Meeting within 90 days from the date of the order. The petitioner is the Chairman of the Ad-hoc Committee constituted under Annexure 1 order. The period of 90 days indicated in Annexure 1 order expired on 5.1-1992. It was under these circumstances that the impugned order reconstituting the Ad-hoc Committee has been passed.

(3.) Annexure 2 dated 18.12.91 is a representation submitted by the petitioner to the Registrar indicating that "the present period is harvesting season. Members are engaged for harvesting paddy crops which is to be completed not before the end of Jan., 1992" and praying that the Ad-hoc Committee may be allowed to continue for further 90 days to enable the Annual General Meeting to be held in normal situation. A copy of this representation was submitted to the Honourable Minister, In-charge of Cooperation, who passed an order thereon as follows : <FRM>JUDGEMENT_22_LAWS(GAU)2_1992_1.html</FRM> Meanwhile a photo copy of the representation along with the order of the Minister reached the Additional Registrar of Co-operative Societies, who forwarded Annexure 4 letter No. CPSS. 14/9/89 dated 21.12.91 to the Deputy Secretary to the Govt, of Assam, Co-operation Department stating inter alia :