Page No.# 1/11 GAHC010255862018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/8162/2018 TOFAZZAL HUSSAIN S/O- ALHAJ SAMSUL ALOM, R/O- CHAKLA PT-I, P.O- CHAKLA, P.S- ABHAYAPURI, DIST- BONGAIGAON, ASSAM, PIN- 783392 VERSUS THE STATE OF ASSAM AND 7 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, CO OPERATIVE DEPTT, DISPUR, GUWAHATI- 06 2:THE REGISTRAR OF COOPERATIVE SOCIETIES ASSAM KHANAPARA GHY- 22 3:THE ASSTT REGISTRAR OF COOPERATIVE SOCIETIES NORTH SALMARA ABHAYAPURI DIST- BONGAIGAON ASSAM PIN- 783392 4:THE DISTRICT DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES GOALPARA ASSAM PIN- 783101 5:THE DEPUTY COMMISSIONER BONGAIGAON PIN- 783380 6:THE MANAGING COMMITTEE OF NAMBARPARA CHAKLA SAMABAY Page No.# 2/11 SAMITY LIMITED REP. BY ITS CHAIRMAN VILL AND P.O- CHAKLA P.S- ABHAYAPURI DIST- BONGAIGAON ASSAM PIN- 783392 7:ABED ALI KHAN CHAIRMAN OF NAMBARPARA CHAKLA SAMABAY SAMITY LIMITED VILL AND P.O- CHAKLA P.S- ABHAYAPURI DIST- BONGAIGAON ASSAM PIN- 783392 8:ALI AHMED THE ASSISTANT SECRETARY NAMBARPARA CHAKLA SAMABAY SAMITY LTD VILL AND P.O- CHAKLA P.S- ABHAYAPURI DIST- BONGAIGAON ASSAM PIN- 78339 Advocate for the Petitioner : MR. S B RAHMAN, MS P SARMA,K U AHMED,MR. S S S RAHMAN,MR A W AMAN,MR. M ISLAM Advocate for the Respondent : SC, CO OP, MR. A R SIKDAR (R7, R8),MD A ALI (R7, R8),MR. S I TALUKDAR (R7, R8),GA, ASSAM BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 23.07.2026 Heard Mr. K. U. Ahmed, learned counsel, appearing for the petitioner. Also heard Mr. S. K. Talukdar, learned Senior Counsel, assisted by Mr. K.S. Sodial, learned counsel, appearing for Cooperation Department, i.e., the Respondent Page No.# 3/11 Nos.1, 2, 3 and 4; Mr. A. Chakrabarty, learned Government Advocate, appearing for the respondent no.5; and Mr. A. K. Sikdar, learned counsel, appearing for the Respondent Nos.6, 7 and 8. 2. The petitioner in the present writ petition has presented a challenge to an order dated 09.11.2018, by which the Resolution adopted by the Managing Committee of Nambarpara Chakla Samabay Samity Ltd., in its meeting held on 19.03.2018, for dismissing of the petitioner from his services as Secretary of the Society w.e.f., 19.03.2018, was approved. 3. The petitioner was appointed as a Secretary of the Nambarpara Chakla Samabay Samity Ltd., (hereinafter referred to as the Society), by the Managing Committee of the Society in its meeting held on 20.07.2011, the said Resolution adopted by the Managing Committee was approved by the Registrar of the Cooperative Society vide an order dated 14.06.2011. Accordingly, the petitioner was functioning as the Secretary of the said Society. Allegations being leveled against the petitioner of having committed misconduct during his tenure as the Secretary of the Society, the Executive Committee of the Society had adopted a Resolution in its meeting held on 29.12.2015, to remove the petitioner from the services of the Society. The petitioner being aggrieved by the said Resolution adopted towards removing him from the services of the Society, had assailed the same before this Court, by way of instituting a writ petition being WP(C).No.179/2016. This Court vide order dated 20.01.2016, noticing the issues Page No.# 4/11 arising in the said writ petition, proceeded to dispose of the same by relegating the petitioner to the forum of the Registrar of Cooperative Societies. The Registrar of Cooperative Societies, was directed to examine the validity of the Resolution under challenge in the said writ petition. Thereafter, the Registrar of Cooperative Societies, vide an order dated 17.02.2016, proceeded to examine the said Resolution adopted by the Managing Committee of the petitioner and on such consideration proceeded to set aside the said Resolution with a further direction that the petitioner be permitted to continue as the Secretary of the Society. Thereafter, further allegations having surfaced against the petitioner in the matter, the Registrar of Cooperative Societies vide order dated 04.12.2017, constituted a Committee of 02 (two) Assistant Registrar of Cooperative Societies, to enquire into the allegations leveled against the petitioner. The said Committee on an enquiry conducted in the matter submitted its report on 16.12.2017. The Registrar of Cooperative Societies, on a perusal of the report submitted by the said Committee, proceeded vide order dated 05.03.2018, to hold that the allegations leveled against the petitioner, of acting whimsically and superseding the Board of Directors, to have been established. Further, by referring to a Magisterial Enquiry Report submitted by the jurisdictional Executive Magistrate dated 21.02.2018, the Registrar of Cooperative Societies, directed the Society to take action against the petitioner under the provisions of Section 38 (2) of the Assam Cooperative Page No.# 5/11 Societies Act, 2007, read with the by-laws of the Society. In terms of the directions issued by the Registrar of Co-operative Societies, the Executive Committee of the Cooperative Societies in its meeting held on 19.03.2018, considering the materials coming on record against the petitioner with regard to the allegations leveled against him, adopted a Resolution to dismiss the petitioner from the Secretary of the Cooperative Societies w.e.f. 19.03.2018. The petitioner being aggrieved by the said decision now arrived at in his case by the Executive Committee of the said Cooperative Societies, in its meeting held on 19.03.2018, assailed the same before this Court vide institution of writ petition being WP(C).No.2532/2018. The petitioner in the said writ petition had also assailed the communication dated 05.03.2018, issued by the Registrar of Cooperative Societies, directing the said Cooperative Societies to take action against the petitioner under Section 38 (2) of the Act of 2007 read with the by-laws of the Society. This Court vide order dated 27.04.2018, on considering the issues arising in the matter and also noticing that an appeal was permissible to be filed before the Registrar of Cooperative Societies by the petitioner, disposed of the said writ petition by relegating the petitioner to the forum of the Cooperative Societies. The Registrar of Cooperative Societies, was directed to consider the appeal on merit and till such consideration was so made and the appeal disposed of, the communication dated 05.03.2018 and the Resolution no.1 of the Executive Committee of the said Cooperative Societies, in Page No.# 6/11 its meeting held on 19.03.2018, was kept in abeyance. Thereafter, the Registrar of Cooperative Societies, had considered the matter and vide order dated 09.11.2018, proceeded to grant approval to the Resolution adopted by the Managing Committee of the said Cooperative Societies, in its meeting held on 19.03.2018, in terms of the directions passed by the Registrar vide his communication dated 05.03.2018. Being aggrieved, the petitioner has instituted the present writ petition. 4. Mr. K. U. Ahmed, learned counsel, appearing for the petitioner, by drawing the attention of this Court to the Enquiry Report submitted by the Enquiry Committee constituted by the Registrar of Cooperative Societies, has submitted that on perusal of the findings recorded by the said Committee in its said report would go to reveal that there was no concrete materials brought on record to establish the allegations leveled against the petitioner, herein. Mr. Ahmed, submits that the Registrar of Cooperative Societies, without appreciating the findings recorded by the said Enquiry Committee, had proceeded vide order dated 05.03.2018, to direct for initiation of action against the petitioner by the said Registrar of Cooperative Societies, under the provisions of Section 38 (2) of the Assam Cooperative Societies Act 2007, read with the by-laws of the Society. He submits that in terms of the said directions passed by the Registrar of Cooperative Societies, vide the said order dated 05.03.2018, the Executive Committee of the Cooperative Societies, without hearing the petitioner, Page No.# 7/11 proceeded to adopt a Resolution in its meeting held on 19.03.2018, to dismiss the petitioner from the post of Secretary of the Cooperative Societies. He submits that the said decision of the Cooperative Societies, was so arrived without there being any concrete materials before it, to establish that the petitioner was guilty of the allegations leveled against him. 5. Mr. K. U. Ahmed, further submits that in pursuance to the directions passed by this Court vide order dated 27.04.2018, in WP(C).No.2532/2018, the petitioner had approached the Registrar of Cooperative Societies by way of preferring an appeal. He submits that the Registrar of Cooperative Societies, vide the order dated 09.11.2018, had approved the Resolution adopted by the Executive Committee of the said Cooperative Societies, in its meeting held on 19.03.2018. However, the Registrar of Cooperative Societies, before according approval to the said Resolution adopted by the Executive Committee of the Cooperative Societies, had drawn a conclusion that in the event, the petitioner is allowed to continue in the post of Secretary of the Society, the process of enquiry and audit conducted by the Registrar of Cooperative Societies, would be effected. He submits that the Registrar by invoking the provisions under Section 29 (4) (sic), had debarred the petitioner from discharging his duties as Secretary of the Society. He submits that the order dated 09.11.2018, is contradictory, inasmuch as, on the one hand vide the said order it can be seen that infact the petitioner was actually placed under suspension and/or debarred till completion Page No.# 8/11 of the enquiry as well as audit ordered in the matter by the Registrar, while on the other hand, by approving the Resolution adopted by the Executive Committee of the Cooperative Societies, in its meeting held on 19.03.2018, dismissal of the petitioner from the post of Secretary of the Society came to be affirmed. Accordingly, he submits that the said order dated 09.11.2018, would mandate an interference from this Court. 6. Mr. S. K. Talukdar, learned Senior Counsel, appearing for the Cooperation Department, at the outset has submitted that on a perusal of the order dated 09.11.2018, it is found that the conclusions drawn, therein, by the Registrar of Cooperative Societies, are admittedly contradictory. He submits that the Registrar of Cooperative Societies, after noticing that the statutory audit of the Society was hampered due to activities of the petitioner, had drawn a conclusion that the petitioner is to be barred from discharging the duties of Secretary of the Society. He submits that the said conclusion is to the effect that the petitioner was required to be kept away from the services of the Society, till the process of audit is so completed. He, however, submits that inspite of the said conclusion drawn in the said order dated 09.11.2018, the Registrar of Cooperative Societies by approving the Resolution adopted by the Executive Committee of the Cooperative Societies in its meeting held on 19.03.2018, had infact approved the dismissal of the petitioner from his services. 7. Accordingly, Mr. S. K. Talukdar, submits that the inconsistencies apparent Page No.# 9/11 in the order dated 09.11.2018, has the effect of vitiating the same and submits that the same would mandate an interference from this Court with a further direction to the Registrar of Cooperative Societies, Assam, to dispose of the appeal by carrying on a fresh process in the matter after hearing all the concerned. 8. Mr. A. K. Sikdar, learned counsel, appearing for the Respondent Nos.6, 7 and 8, has adopted the submissions made by Mr. S. K. Talukdar, learned Senior Counsel, appearing for Cooperation Department. 9. I have heard the learned counsel for the parties and also perused the materials available on record. 10. In view of the submissions of the learned counsel for the parties and the parties being at ad idem that there is an apparent inconsistency in the conclusions recorded by the Registrar of Cooperative Societies, in his order dated 09.11.2018, this Court at this stage would not proceed to consider the said order on its merit. The parties to the proceeding having agreed that the said order dated 09.11.2018, in view of the inconsistencies highlighted by them, to be not permissible to be maintained, this Court holds that the order dated 09.11.2018, would mandate an interference. Accordingly, the order dated 09.11.2018 stands set aside. 11. Having interfered with the order dated 09.11.2018, this Court directs the Registrar of Cooperative Societies, to consider the appeal submitted by the Page No.# 10/11 petitioner against the Resolution No.1 adopted by the Executive Committee of Nambarpara Chakla Samabay Samity Ltd., in its meeting held on 09.03.2018 afresh. The Registrar of Cooperative Societies would now schedule a date for the hearing and issue notices in the matter to the petitioner, the Managing Committee of the said Cooperative Societies and/or any other person/authority deemed necessary for the purpose. The Registrar of Cooperative Societies during the hearing of the said appeal shall permit the parties to bring on record any further materials coming into existence after the issuance of the order dated 09.11.2018, which has been interfered by this Court vide the present order. Thereafter, after hearing all the parties and also perusing the audit report submitted by the authorities after audit of the said Society, if so submitted, proceed to take a decision with regard to the claims made by the petitioner in his appeal petition and dispose of the appeal petition, by way of a speaking order. 12. The Registrar of Cooperative Societies, shall initiate and complete the process of consideration of the appeal and issuance of the order, disposing of the same within a period of 03 (three) months from the date of a receipt of a certified copy of this order along with a representation from the petitioner. 13. This Court having not held the petitioner to be not blameworthy, it is provided that till passing of the final order by the Registrar of Cooperative Societies, after a de-novo consideration of the appeal submitted by the petitioner, the petitioner shall not be permitted to function as the Secretary of Page No.# 11/11 the Cooperative Societies. The further continuation of the petitioner shall be regulated as per the decision, now required to be taken in the matter by the Registrar, Co-operative Societies, Assam. 14. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant