Page No.# 1/5 GAHC010287922023 2025:GAU-AS:6291 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7423/2023 ABDUR RAHMAN MONDAL S/O LATE SAJU ALI MONDAL RESIDENT OF BAHATI PART I, PO BAHATI, PS MATIA, DIST GOALPARA, ASSAM 783125 VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, CO OPERATION, DEPARTMENT DISPUR GUWAHATI 781006 2:THE REGISTRAR OF CO OPERATIVE SOCIETIES ASSAM ASSAM KHANAPARA GUWAHATI 781022 3:THE ADDITIONAL REGISTRAR OF CO OPERATIVE SOCIETIES KOKRAJHAR ASSAM 783370 4:THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES GOALPARA ASSAM 783101 5:THE SECRETARY SIDHABARI SS LTD. PO BAKAITARI DIST GOALPARA ASSAM 783125 6:JAMAL UDDIN AHMED S/O AIJUDDIN MUNCHI RESIDENT OF RAMUA Page No.# 2/5 PO BAHATI PS MATIA DIST GOALPARA ASSAM 783125 7:MUSLEM SHEIKH S/O SARIFUDDIN SHEIKH RESIDENT OF SIDHABARI PO BAHATI PS MATIA DIST GOALPARA ASSAM 783125 8:SOHRAB AHMED S/O FAIJUDDIN SHEIKH RESIDENT OF NAYAPARA PO BAHATI PS MATIA DSIT GOALPARA ASSAM 78312 Advocate for the Petitioner : MR. M K HUSSAIN, MR. M ALOM,MRS. S Y AHMED,MS. F H AHMED,MR K U AHMED Advocate for the Respondent : SC, CO OP, FOR CAVEATOR,MS. I DAS,MR. S H RAHMAN,MR. B C DAS BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 20.05.2025 1. Heard Mr. M. K. Hussain, learned counsel for the petitioner. Also heard Mr. S. K. Talukdar, learned Standing Counsel for the Co-operation Department and Mr. S. Dutta, learned Senior Counsel assisted by Mr. S. H. Rahman, learned counsel for the respondent Nos. 6, 7 and 8. 2. The present writ petition is filed assailing an order dated 25.10.2023 passed by the respondent No. 2, whereby the Registrar of Cooperative Societies, Assam had cancelled the selection of the petitioner as Chairman as well as Member of Board Page No.# 3/5 of Directors of Sidhabari Samabai Samity Limited for violation of Section 37(c) and Section 40(3) of the Assam Cooperative Societies Act, 2007. The further challenge is an order dated 13.12.2023 passed by the Registrar of Cooperative Societies, Assam, whereby the application of the petitioner for review of earlier order 25.10.2023 was also dismissed. 3. Some of the share-holders filed a complaint dated 06.10.2022 before the Assistant Registrar of Cooperative Societies, Goalpara, against the petitioner alleging that the petitioner is liable to be disqualified and his Chairmanship as well as Membership of Board of Director is liable to be cancelled for violation of Section 37(c) of the Assam Cooperative Societies Act, 2007. When the aforesaid application was not being considered, the share-holders approached this Court by way of filing a writ petition being WP(C)/8060/2022. This Court by order dated 07.08.2023 disposed of the writ petition by relegating the matter to the Registrar of Cooperative Societies, Assam to dispose of the application either by himself or through his nominee after causing an enquiry to be made into the allegations made ascertaining the facts and after hearing both the parties. 4. Pursuant to that, the impugned order dated 25.10.2023 was passed by the respondent No. 2. The impugned order dated 25.10.2023 discloses that an enquiry vide Order No. GPSS.E3587571/265029/2023 dated 31.08.2023 was conducted for factual verification and report was received from the Assistant Registrar of Cooperative Societies, Goalpara, which reveals that the petitioner herein was elected as Board of Member of the Society in the AGM /Election held on 30.09.2022 and was selected as Chairman of the Society by the Board of Director in the meeting dated 14.10.2022 and it is confirmed that the petitioner is a Dealer/Agent of fair price shop having due license under Sidhabari Samabai Samity Limited and the Society is doing sub-allocation of PDS items in his name and thus, it was concluded that the petitioner is in contract for profit with the Page No.# 4/5 Society. Accordingly, disqualification was made. The review also met with the same fate and accordingly, the present writ petition is filed. 5. The learned counsel for the petitioner submits that PDS license cannot be said to be a contract with the Society inasmuch as PDS license is granted under the Essential Commodities Act, more particularly, under Control Orders and therefore, even if, there is a contract of PDS license, it is between the petitioner and the respondent Sate and it cannot be said that this a contract in terms of Section 37(c) or Section 40(3) of the Assam Cooperative Societies Act, 2007 only for the reason that the PDS articles are distributed through the aforesaid Societies. 6. At this Mr. 6. At this Mr. S. K. Talukdar, learned Standing Counsel for the Cooperation Department in his usual fairness submits that the issue remains whether in the given facts of the present case, the petitioner can be said to be having a contract with the Society in terms of the Section 37(c) and Section 40(3) of the Assam Cooperative Societies Act, 2007. Therefore, in the interest of justice, this matter may be relegated for a fresh determination by the Registrar of Cooperative Societies. 7. In view of such submission of Mr. Talukdar, learned Standing Counsel for the Cooperation Department, the contention of Mr. Dutta, learned Senior Counsel for the respondent Nos. 6, 7 and 8 that this writ petition is not maintainable for availability of alternative efficacious remedy is not considered and it is left open. 8. Now coming to the right of the third party, who has already been elected as Chairman of the Society is concerned, this Court is of the view that in view of the proposition made by Mr. S. K. Talukdar, learned Standing Counsel for the Cooperation Department, is accepted, then, said person will have also a right of hearing. 9. Perusal of the impugned order, it is clear that the said order nowhere discloses Page No.# 5/5 any specific reason why the Registrar has arrived at a specific conclusion that there is a contract of profit between the petitioner and society. For such determination, the Registrar is to have a satisfaction that there is a contract between the petitioner and the society and that the petitioner had some pecuniary interest in any subsisting contract made with the society. There is no specific finding in that regard inasmuch as the enquiry report based on which the impugned order was passed do not disclose anything in this regard, except disclosing that the petitioner is having a license of fair price shop. 10. Therefore, this Court is also of the view that the authority shall hear the matter afresh and pass a reasoned order. 11. Accordingly, the impugned order dated 25.10.2023 and order dated 13.12.2023 stands set aside and quashed. The matter is relegated to the Registrar of Cooperative Societies, Assam once again. In the fresh hearing, an opportunity of hearing be granted to the newly elected Chairman. Copies of the enquiry report on the basis of which previous orders were passed also be furnished to the contesting parties. 12. The entire exercise be carried out within a period of one month from furnishing of a certified copy of this order before the Registrar of Cooperative Societies, Assam by the petitioner. 13. Till such determination is made, status quo in respect of the Chairmanship shall be maintained. 14. This writ petition stands disposed of. JUDGE Comparing Assistant