WP(C) 3218/2015. Gauhati High Court
| Case Number | WP(C) 3218/2015 |
| Judgement Date | April 04, 2020 |
| Court | Gauhati High Court |
THE GAUHATI HI GH COURT
( THE HI GH COURT OF ASSAM, NAGALAND, MI ZORAM & ARUNACHAL PRADESH)
WP( C) 3218 of 2015
SHRI BI KROM SI NGHA LAHKAR & ANR. …..Petitioners
Vs
THE STATE OF ASSAM AND 4 ORS. ..…Respondents
BEFORE
HON’BLE MR. JUSTI CE KALYAN RAI SURANA
Advocates for the Petitioners : Mr. A.K. Bhattacharyya, Sr. Adv.
: Mr. S. Dutta,
: Mr. D.K. Bhattacharyya.
Advocates for the Respondent : Mr. B.N. Sarma, Mr. SS Roy, Mrs. J Dutta.
: Mr. P.K. Roy Choudhury, N.G. Kundu, : Mr. G. Deka, Ms. R. Deka,
: Mr. N.C. Barooah, Mr. S.M. Sarma.
Date of hearing : 07.02.2017, 28.02.2017 and 16.03.2017
Date of Judgment and Order : 04.04.2017
JUDGMENT AND ORDER ( CAV)
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Heard Mr. A.K. Bhattacharyya, learned Senior Advocate for the petitioners, Mr. B.N. Sarma, learned Senior Govt. Advocate appearing for the State Respondents No.1 to 4 and Mr. P.K. Roy Choudhury, the learned counsel for the Respondent No.5.
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This writ petition was filed on 01.06.2015. The Respondent No.5 filed his Affidavit in Opposition on 15.02.2016 (hereinafter referred to as “AO dt.15.02.16”). On
14.03.2016, the Petitioner filed his Affidavit-in- Reply against the said AO dt.15.02.16 (hereinafter referred to as “AR dt.14.03.16”). On 06.04.2016, the State Respondents No.1 to 4 filed their Affidavit-in- opposition (hereinafter referred to as “AO dt.06.04.16”). On 16.05.2016, the petitioner filed his Affidavit- in- Reply against the AO dt.06.04.16
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(hereinafter referred to as “AR dt.16.05.16”). Thereafter on 17.06.2016, the Respondent No.5 filed his rejoinder to the Affidavit- I n- Reply of the petitioner (hereinafter referred to as “RA dt.17.06.16”). On 18.07.2016, a rejoinder affidavit was filed on behalf of the Respondent No.3 (hereinafter referred to as “RA dt.18.07.16”). Again the Petitioner filed an additional affidavit on 21.12.16 to bring on record some documents (hereinafter referred to as “AA dt.21.12.16”). On 17.01.17, a Rejoinder Affidavit was filed on behalf of the Respondent No.3 (hereinafter referred to as “RA dt.17.01.17”). On 17.01.17, the Respondent No.5 filed yet another Rejoinder Affidavit to the AA dt.21.12.16 (hereinafter referred to as “RA dt.17.01.17”).
Submissions on behalf of the petitioners:
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Mr. A.K. Bhattacharyya, the learned Senior Counsel has made an elaborate argument. His truncated submissions are that the petitioner No.1 is the Honorary Secretary and also a life member of the Assam Flying Club, which is a society registered under the Societies (Registration) Act, 1860 vide No. RS/ KAM(M)/ 263/ G/ 735 of 2013-14 dated 06.03.2014. The Assam Flying Club was initially registered as a Cooperative Society in the year 1958 under the Assam Co-operative Societies Act, 1949. The club was almost defunct by the year 2009 and with the help of several known personalities, steps were taken to revive the same. The petitioner No.1 was initially appointed by the Governor of Assam as the honorary Secretary of Assam Flying Club under the provisions of bye laws 26 (E) of Assam Flying Club vide Notification No. SYW.203/ 2013/ 118 dated 07.10.2013.
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The appointment of the petitioner as the Honorary Secretary of the Club was made without any regularization and there was no accrual of any service benefits of any sort attached to such appointment and therefore, the public element is absent in such appointment. Nevertheless, the appointment of the petitioner as the Honorary Secretary of Assam Flying Club was challenged by the respondent No. 5 by filing W.P.(C) 6809/ 2013. The said writ petition was dismissed by the Hon’ble Single Judge of this Court by order dated 21.02.2014. However, an appeal was preferred by the Respondent No.5 herein and this Court by an order dated 04.03.2015 allowed Writ Appeal No. 102/ 2014. Consequently, the appointment of the present petitioner was set aside by order dated 04.03.2015 and the State Respondents No. 1 to 4 herein were given the
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liberty to hold the selection afresh within a period of 4 months from the date of receipt of the certified copy of the order and during this interregnum, the said respondents were given liberty to make temporary arrangement to the post of Secretary so that the functioning of the Assam Flying Club was not hampered. Two review petitions were filed against the aforesaid judgment. The Petitioner No.2 herein had filed Review Petition No. 72/ 2015 and the Petitioner No.1 had filed Review Petition No. 83/ 2015. Both the said review applications were dismissed by order dated 28.07.2015, but with the direction that it will be open for the Assam Flying Club or any of its official to proceed with its grievance in the present writ petition and it further ordered that the Writ Court would be at liberty to proceed with W.P.(C) 3218/ 2015 and decide the same in accordance with law, further making it clear that the judgment and order dated 04.03.2015 passed in Writ Appeal No. 102/ 2014 would not come in the way of adjudication of this writ petition.
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I t was submitted that a meeting of the Assam Flying Club was held on 03.01.2014 in the Official Residence of then Chief Minister of the State, who was the President of the said club. As per the suggestions made by the Registrar of Co-operative Societies, Assam, who was present, the meeting resolved to cancel the registration under the Assam Co-operative Societies Act, 1949 and to get it registered under the Societies Registration Act, 1860. By virtue of Resolution No.18 adopted therein, all the existing Committees including Board of Directors was dissolved with immediate effect. Thereafter, by Resolution No. 19, the meeting empowered the then Chief Minister to act as President and the Petitioner No.1 to act as its Honorary Secretary. Thereafter, by a letter dated 04.03.2014, the Registrar of the Co-operative Societies, Assam was requested to cancel the registration of Assam Flying Club under Societies Registration Act, 1860. The application for registration was made on 05.03.2014 and Assam Flying Club was registered under the Societies Registration Act on 06.03.2014 and Registration Certificate was issued on the same day.
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On 03.07.2014, the Registrar of Co-operative Society informed that the registration of Assam Flying Club was already cancelled vide office notification dated
12.02.2010 and the liquidation proceeding of the Club was closed vide order dated
06.08.2012.
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By a letter dated 07.08.2014, the petitioner requested the Commissioner & Secretary to the Govt. of Assam, Sports & Youth Welfare Department to revoke all the government orders. Accordingly, the Commissioner & Secretary to the Govt. of Assam, Sports & Youth Welfare issued a notification bearing No. SYW.21/ 97/ Pt/ 268 dated
05.12.2004, the previous notifications (i) dated 19.05.2007, by which the Ad-Hoc Governing Body of Assam Flying Club was constituted, and (ii) notification dated
07.10.2013, by which the petitioner No.1 was appointed as the Honorary Secretary of Assam Flying Club was appointed were cancelled with immediate effect. Thereafter, vide letter issued by the Deputy Secretary to the Govt. of Assam, Sports & Youth Welfare Department under Memo No. SYW.21/ 97/ Pt./ 270 dated 20.02.2015, it was stated that the Assam Flying Club was a Registered Society under Societies Registration Act, 1860 and henceforth the General Assembly and the Governing Body of Assam Flying Club will control the function of Assam Flying Club. I t mentioned that vide Resolution No. 20, the Hon'ble President had decided that all necessary funds will be provided by the State Govt. and for bigger amount required for establishing “North East Aviation Training Academy” and procurement of new aircraft, the Assam Flying Club will approach the North Eastern Council through Department of Planning & Development.
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I t was submitted that by letter No. CO.4/ 2013/ 67 dated 13.04.2015, the Additional Registrar of Co-operative Societies (General), Assam, submitted a letter No. CGDA(A)53/ 2011/...
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