BOUSKATA RAVATAARY SAMABAYA SAMITY DHUBRI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This Writ Appeal arises out of judgment and order dated 26.3.97 passed by learned Single Judge of this Court in Civil Rule No. 696/97, thereby dismissing the petition as being without any merit and directing the respondent No. 5 as well as the Zonal Joint Registrar of Co-operative Societies, Kokrajhar to hold the Annual General Meeting of the co-operative society before 31st May, 1997 in accordance with the provisions of the Assam Co-operative Societies Act, 1949 (hereinafter referred to as (he Act) and the Rules framed thereunder.

(2.) The writ pelitioner/appellant society is admittedly managed by an ad-hoc committee, which was constituted and came into being in pursuance to the order No. CKZS/ 284/89/27 dated 8.6.95 (Annexure-I to the writ petition) for managing the affairs and to perform the functions of the Managing Committee of the society, conditioned with the further direction that the Adhoc Committee shall hold the Annual General Meeting of the Society within 90 (ninety) days from the date of the order.

(3.) The filing of the writ petition on 14.2.97 almost 20 months after the above order daied 8.6.95 was preceded by institution of a Civil Suit No. 199/95 in the Court of Munsiff No. 2 at Dhubri, who passed an order dated 21.7.95 directing the parties to maintain status qua This order of status quo was vacated on 28.1.97. An appeal was preferred by the Chairman and the appellate Court by order dated 7.2.97 fixed 11.2.97 as the date for consideration of the prayer for stay. In the meanwhile the Presiding Officer of the appellate Court proceeded on leave and it is the appellant's case that on being advised that the suit filed may not be maintainable under Section 97 of the Act and realising that the same was filed under mistaken advice on law and left with no other remedy, the present petition was filed on 14th of February, 1997. Be it noted that in the meanwhile the order of status quo as passed by the Munsiff Court was enjoyed for almost 20 months. The Adhoc Committee whose existence itself was conditioned by a direction to hold the Annual General Meeting of the Society within 90 days from the date of the order, that is, 8.6.95, has continued to be in office for more than 19 months.