Court overturns Single Judge's ruling, reinstates Registrar's authority to resolve disputes over removal of Co-operative Society executives.
In a landmark decision, the Gauhati High Court has reinstated the authority of the Registrar of Co-operative Societies to adjudicate disputes involving the removal of Chief Executives or Secretaries of Co-operative Societies. This decision overturns a previous ruling by a Single Judge that had limited the Registrar's jurisdiction in such matters.
The case, titled Abhijit Chakraborty v. Bikrampur Co-op Societies Ltd., centered on the removal of a Secretary from the Bikarampur Co-operative Society. The Board of Directors had terminated the Secretary's appointment without a proper hearing, prompting the Registrar to overturn the decision. However, the Single Judge had previously ruled that such disputes were purely employment matters and outside the Registrar's jurisdiction, a stance now rejected by the High Court.
The Division Bench, comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury, emphasized the unique dual role of the Secretary as both an employee and an office bearer. They highlighted that disputes involving such positions directly impact the management and operational integrity of the society, and thus fall within the ambit of the Registrar's jurisdiction as outlined in Sections 49(2)(l) and 92 of the Assam Co-operative Societies Act, 2007.
The court also addressed the legislative intent behind Section 110 of the Act, which bars civil court jurisdiction over matters provided for within the Act. The Bench noted that if the interpretation of the Single Judge were upheld, it would leave aggrieved parties without a remedy, a situation contrary to the rule of law.
This judgment reinstates the Registrar's order dated January 10, 2022, and directs that any further challenges to the Registrar's decisions be assessed on their merits rather than jurisdictional grounds. The ruling underscores the importance of maintaining the internal regulatory framework of co-operative societies and ensuring that disputes are resolved within the statutory context intended by the legislature.
Bottom Line:
Assam Co-operative Societies Act, 2007 - Jurisdiction of the Registrar under Sections 49(2)(l) and 92 - Disputes involving removal of Chief Executive/Secretary of Co-operative Societies, being statutory functionaries, cannot be equated with ordinary service disputes - Registrar's jurisdiction upheld to resolve disputes of this nature.
Statutory provision(s): Assam Co-operative Societies Act, 2007 Sections 49(2)(l), 92, 110
Abhijit Chakraborty v. Bikrampur Coop Societies Ltd., (Gauhati)(DB) : Law Finder Doc id # 2879493
