BORHANUZZAMAN Vs. ATAUR RAHMAN CHOWDHURY

JUDGEMENT

(1.) Respondent No. 9 Aminbagh Co-operative Market Society Ltd., a registered Co-operative Society and respondent Nos. 1-8, Chairman and Directors of its Managing Committee, elected for 3 years from 28.10.91 to 28.10.94, obtained as petitioners a Rule Nisi in Writ Petition No. 1351 of 1993, challenging the order dated 2.8.93 passed by respondent No. 12, District Co-operative Officer, dissolving the managing committee on certain allegations under section 22 of the Co-operative Societies Ordinance, 1984, shortly the Ordinance, and appointing a new Managing Committee upto 31.1.94 with the purpose of conducting a fresh election to the Managing Committee. The five petitioners before us are the Chairman and Members of the Ad-hoc Managing Committee who added themselves as respondents in the said writ petition in which the Rule Nisi was made absolute by the judgment and order of the High Court Division dated 6.12.93 from which the petitioners have preferred this petition for leave to appeal.

(2.) The first ground on which the Rule Nisi was made absolute was that the enquiry against the respondents' Managing Committee under section 84 (1) of the Ordinance in pursuance of which the Managing Committee was given a show cause notice having been conducted by an incompetent official the impugned order could not be sustained.

(3.) Section 7 of the Ordinance empowers the Government, by general or special order, to confer all or any of the powers or impose all or any of the duties entrusted to the Registrar of Co-operative Societies by or under the Ordinance other than those specified in the First Schedule upon, inter alia, any person appointed under section 6 to assist the Registrar. In exercise of the said power the Government by Notification dated 25.5.86 conferred upon the District Co-operative Officer (Assistant Registrar) all the powers of the Registrar under the Ordinance except those specified in the First Schedule. The District Co-operative Officer, in exercise of that power, authorised Mrs. Gulshan Ara, another Assistant Registrar, to conduct an enquiry into the affairs of the concerned Co-operative Society under section 84(1) of the Ordinance. The High Court Division accepted the submission of the petitioner-respondents that a delegate cannot further delegate and the enquiry was respondent's readiness to provide copy the held by a person not authorised by law to hold the same. The basis of the allegations upon which the Managing Committee was dissolved is thus knocked out.