Non-Speaking Order Removing Cooperative Society Voters Must Be Set Aside.

The petitioner, President of a cooperative society, challenged the Joint Registrar’s order allowing Respondent No. 10’s appeal concerning the eligibility of members listed at Serial Nos. 30–54 in the society’s provisional voter list.

The petitioner’s challenge before the State Cooperative Tribunal was dismissed at the motion stage on maintainability grounds.

In the writ petition, the petitioner also contended that Rule 49 of the Chhattisgarh Cooperative Societies Rules, 1962 made the First Appellate Authority’s election-related order final and non-appealable.

Whether the Joint Registrar’s order directing removal of members from the voter list was sustainable despite giving no reasons for that direction.

Whether the petitioner’s other challenges, including the Tribunal’s dismissal of the appeal and the Joint Registrar’s jurisdiction to entertain the appeal, required determination in the writ petition.

The dispute arose under the Chhattisgarh Cooperative Societies Act, 1960 and the Chhattisgarh Cooperative Societies Rules, 1962; the petitioner relied on Rule 49 to argue that the First Appellate Authority’s decision on the election process was final and non-appealable.

The Court did not decide that statutory interpretation or identify any precedent.

It applied the requirement that an order affecting members’ inclusion in a voter list must give reasons, and directed that reconsideration be conducted in accordance with law after hearing the petitioner and other interested parties.

The Joint Registrar had directed the removal of members listed at Serial Nos. 30–54 but had not stated the reasons for doing so.

The Court therefore held that the order was non-speaking and could not stand.

Rather than deciding the merits of the membership dispute or the petitioner’s jurisdictional and maintainability arguments, it remitted the matter for a fresh, reasoned decision after hearing the affected parties.

The petitioner was directed to appear before the Joint Registrar within 15 days of receiving a certified copy, and the Joint Registrar was directed to decide the matter expeditiously.

The writ petition was disposed of accordingly.