Prafulla Sarma Bafua, Kachomari Samabai Samity Ltd., Kachomari, Nagaon vs State of Assam and Ors.

Rule issued and heard Mr. N. Dutta for the petitioner and Mr. BL Singh for the State of Assam.

In this application under Article 226 of the Constitution, the petitioner Shri Prafulla Sarma Barua has challenged an order of the Registrar of Cooperative Societies, Assam made on 24.9.92 dissolving the Managing Committee of the Kachomari Samabai Samity Limited and appointing Shri Narayan Chandra Baishya, Senior Inspector to manage the affairs of the society till a new Managing Committee is elected or formed.

The main ground of challenge is no predecisional hearing was given to the petitioner. The dissolution was made on the ground that the Managing Committee of the society was not functioning in accordance with the provisions of the Assam Cooperative Societies Act, 1949 (Act I of 1950). Although the order indicates that the powers was exercised under section 31 (3) of the Act, it is a misquotation of the section. The powers for dissolution of a Managing Committee on the ground that the Managing Committee is not functioning properly or in accordance with the provisions of the Act can only be exercised under section 36 (1) of the Act. Section 36 (1) provides predecisional hearing. Since statute provides for predecisional hearing, the question of postdecisional hearing does not arise and, therefore, the impugned order was made in violation of principles of natural justice. Accordingly, the impugned order dated 24.9.92 made by the Registrar of Cooperative Societies Assam, is quashed. Needless to say that it is open to the Registrar to proceed With in accordance with law. The petition in disposed of.