Murugesan v. The Lt.Governor And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/12/2024 Murugesan Vs.

The Lieutenant Governor and others Mr. Gopala Binnu Kumar ... for the petitioner Mr. Shatadru Chakraborty Mr.Dibesh Dwivedi ... for the respondent nos.1&2 Mr. Md. Tabraiz ... for the respondent nos.3&4 January 11, 2024 [SR] Item No.4 The writ petition has been filed challenging the decisions dated July 17, 2023 and November 03, 2023 passed by the Deputy Registrar (HQ) in the office of the Secretary (Cooperation)-cum- RCS and the Assistant Registrar of Cooperative Societies, respectively.

By the letter dated July 17, 2023, a decision was communicated to the petitioner that the total number of individual members of the society, after updation in November 2019, was 472 and not 4964, as reflected in the annual audit report of 2019 to 2020. Such order was passed, while considering a representation of the writ petitioner. Being aggrieved, the petitioner preferred an appeal. The Appellate Authority came to the conclusion that the order and/or the communication was not appealable.

The appeal was dismissed.

Being aggrieved, the petitioner has approached this Court. It appears to this Court that the letter dated July 17, 2023 is a communication with regard to the updation of the

existing members and the petitioner's contention that the audit report of the 2019-2020 reflected 4964 members, was not accepted by the authority. The dispute is with regard to the membership of the petitioner in the Central Cooperative Welfare Society Limited. Whether the petitioner is a member of the Cooperative Society or not, is the core issue. The petitioner filed a representation dated June 23, 2023 before the Secretary of Cooperative Societies, who is also the Registrar of Cooperative Societies, inter alia raising some grievance. Such letter was replied to.

This Court is of the view that the communication of the Registrar cannot be accepted to be a decision in terms of Regulation of the Andaman and Nicobar Islands Cooperative Societies Rules, 1974. The issue raised by the petitioner touches the question of business of the Cooperative Society. The grievance of the petitioner amounts to a dispute as contemplated under the Rules and Regulations and the petitioner's relief would be to approach the Registrar in writing, stating the substance of the dispute and the name and address of the party in such form as the Registrar may lay down from time to time.

Upon reference of such dispute, the rules and regulations provide the mechanism by which the dispute is to be disposed of. The Registrar is, then required to pass an award and such award is appealable under the Regulations. This Court finds that the communication which has been challenged cannot be treated as an award and thus, the appeal itself was not maintainable. The letter written to the Secretary of the Cooperative Societies was answered. The

petitioner is at liberty to approach the authorities, by filing the appropriate dispute case which shall be disposed of in accordance with law and the petitioner has further liberty to take recourse to the statutory appeal, in accordance with law, if he is aggrieved by the award that shall be passed. The communication which has been challenged here, will be treated as an intimation and shall be subject to challenge in the dispute case to be filed by the petitioner, with regard to his membership. The communication cannot be binding upon the parties. The issues will be decided by the Registrar himself or by any officer above the rank of a Deputy Registrar.

With the above observations, the writ application is accordingly disposed of.

( Shampa Sarkar, J. )