Kamal Goswami vs Matiar Rahman And 4 Ors
2025 Latest Caselaw 644 Gua

Gauhati High Court

Kamal Goswami vs Matiar Rahman And 4 Ors on 16 May, 2025

                                                                 Page No.# 1/4

GAHC010263842023




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                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WA/129/2024

         KAMAL GOSWAMI
         S/O LATE MAHENDRA GOSWAMI, VILLAGE PHULBARI, P.O- NASATRA
         PHULBARI, P.S- SARTHEBARI, DISTRICT- BARPETA, ASSAM.



         VERSUS

         MATIAR RAHMAN AND 4 ORS.
         S/O LATE ABAD ALI, RESIDENT OF VILLAGE NALIGAON, DISTRICT
         BARPETA, ASSAM, PIN-781352.

         2:THE STATE OF ASSAM
          REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE
         GOVERNMENT OF ASSAM
          CO-OPERATION DEPARTMENT
          DISPUR
          GUWAHATI-781006

         3:THE REGISTRAR OF CO-OPERATIVE SOCIETIES
         ASSAM
          KHANAPARA
          GUWAHATI-781022

         4:THE DISTRICT DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES
          BARPETA
          DIST-BARPETA
         ASSAM
          PIN-781301

         5:THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES
          BARPETA
          DIST-BARPETA
         ASSA
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For the appellants          :     Mr. S. Banik, Advocate


For respondent(s)           :     Mr. S. K. Talukdar, SC, Co-operation

Deptt.

- BEFORE -

HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE KARDAK ETE

16.05.2025 (Vijay Bishnoi, CJ)

This writ appeal is filed by the appellant being aggrieved with the order dated 28.06.2023, passed in WP(C) 3595/2023, whereby the learned Single Judge has disposed of the writ petition filed by one Matiar Rahman/respondent No. 1 in the present appeal, with a direction to the Registrar, Cooperative Societies, Assam, to invoke power under Section 38 read with Section 49L of the Assam Cooperative Societies, Act, 2007 (hereinafter to be referred as "Act of 2007") and pass appropriate order so as to redress the grievance of the writ petitioner in the light of the observations made in the order.

The brief facts of the case are that the respondent No. 1 herein was working as the Secretary of a cooperative society, namely, Deshbhakta Samabay Samity Ltd., Barpeta, Assam, and was suspended on the basis of a resolution adopted by the Board of Directors of the said Cooperative Society. The said suspension was challenged by the respondent No. 1 herein before the writ court on the ground that the Board of Directors of the concerned cooperative society did not have jurisdiction to pass the said order of suspension.

The learned Single Judge, taking note of the provisions of Section 38 and 49L of the Act of 2007, has disposed of the writ petition with the direction to the Registrar of Cooperative Societies, Assam, to pass appropriate orders so as to redress the grievance of the writ petitioner/respondent No. 1 herein with regard to his suspension.

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The present writ appeal is filed by a person who was arrayed as respondent No. 5 in the writ petition. The contention of the appellant is that during the suspension period of the respondent No. 1 herein, the appellant was directed by the society concerned to act as in-charge Secretary of the said society.

Learned Single Judge, while disposing of the writ petition has also observed that so far as the respondent No. 5/appellant herein is concerned, since his engagement as Secretary of the society was only a stop-gap arrangement, the said aspect of the matter need not come in the way of passing appropriate order by the Registrar, as directed.

Learned counsel for the appellant has submitted that some of the facts, which are relevant and important, were not disclosed by the writ petitioner/respondent No. 1 herein before the writ court, which are: (i) that the appellant had already been discharged from the post of in-charge, Secretary w.e.f. 31.10.2022; (ii) that as per a recent judgment passed by the learned Single Judge in another writ petition, the Registrar of Cooperative Societies has no jurisdiction to examine the validity of a suspension order passed by the Board of Directors of a cooperative society.

At the same time, learned counsel for the appellant has frankly admitted that the appellant as such has no vested right to remain as the in-charge Secretary of the concerned cooperative society. He has submitted that this writ appeal has been filed only with the intention to bring the facts before this Court.

Having heard the learned counsel appearing for the parties and after going through the material available on record and also as per the own admission of the learned counsel for the appellant that the appellant herein has no vested right to remain as the in-charge of the cooperative society concerned in absence of a regular Secretary, we are of the view that the impugned order does not call for any interference.

Accordingly, the writ appeal is dismissed.

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However, it is expected that at the time of taking any decision pursuant to the order passed by the learned Single Judge, the respondent authorities shall take into consideration the factum of discharge of the appellant herein from the post of in- charge Secretary in October, 2022.

This writ appeal is disposed with the above observations.

                                        JUDGE                       CHIEF JUSTICE




Comparing Assistant