Dismissed

Jibon Das v. the State of Assam

Gauhati HC5 Feb 2018WP(C)/537/2018

Case brief

AI extract

What is this about?

The Gauhati High Court held that the petitioner, Secretary of a Cooperative Society, has an adequate alternative remedy before the Registrar. It directed the filing of an appeal under Section 111 within seven days and ordered the Registrar to decide it within four weeks, while staying any replacement of the Secretary pending the outcome.

What did the court decide?

The petitioner directed to file appeal under Section 111 within 7 days; Registrar to decide within 4 weeks; replacement of Secretary stayed pending appeal decision.

Jibon Das Vs the State of Assam — Cooperative Societies | Gauhati HC (2018)

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Page No.# 1/3

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GAHC010019892018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 537/2018

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1:JIBON DAS

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S/O. SRI JITEN DAS, R/O. NO. 2, CHAULKORA GAON, P.O. CHAULKORA, P.S. SIASAGAR, DIST. SIVASAGAR

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VERSUS

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1:THE STATE OF ASSAM

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REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF COOPERATION, DISPUR, GHY.

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2:THE REGISTRAR CO-OPERATIVE SOCIETYES ASSAM KHANAPARA GHY.

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DIST. KAMRUP (M)

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3:THE ASSTT. REGISTRAR COOPERATIVE SOCIETIES SIVASAGAR

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4:DIMOW MIN SAMABAI SAMITI LTD. REP. BY ITS CHAIRMAN P.O. AKHOIPHUTIA P.S. SIVASAGAR DIST. SIVASAGAR

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5:THE CHAIRMAN DIMOW MIN SAMABAI SAMITI LTD.

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Page No.# 2/3

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P.O. AKHOIPHUTIA P.S. SIVASAGAR DIST. SIVASAGAR

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6:THE DY. COMMISSIONER DIST. SIVASAGA

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Advocate for the Petitioner : MR. S BORTHAKUR

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HON’BLE MR. JUSTICE HRISHIKESH ROY

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05.02.2018

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Heard Mr. S. Borthakur, the learned counsel for the petitioner. The respondent Nos.1, 2 and 3 are represented by Dr. B. Ahmed, the learned standing counsel for the Cooperation Department. The Deputy Commissioner, Sivasagar (respondent No.6) is represented by Mr. M.R. Adhikari, the learned Govt. advocate.

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The petitioner is a shareholder of the Dimow Min Cooperative Society and is serving as a Secretary of the Society. He is aggrieved by the communication dated 29.01.2018 (Annexure-8), whereby, the Asstt. Registrar of Cooperative Societies, Sivasagar has directed the Managing Board of the Society to replace the petitioner with another Secretary, because a Bakijai proceeding was started for the defaulting Secretary.

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The petitioner refers to the communication dated 07.09.2017 (Annexure-6) to project that he has filed the Title Suit No.41/2015 and also the Misc. Appeal No.5/2015 and the learned Civil Judge, Sivasagar, in the Misc. Appeal No.5/2015 has stayed the operation of the Bakijai Case No.72/2014. Accordingly the direction of the Asstt. Registrar for replacement of the petitioner, is questioned by the affected party.

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On the other hand, Dr. B. Ahmed, the learned standing counsel for the Cooperation Department refers to Section 111 of the Assam Cooperative Societies Act, 2007 and projects that since the petitioner has an alternate remedy before the Registrar, this writ petition should not be entertained.

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Page No.# 3/3

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I find sufficient force in the submission made by the departmental lawyer. The Secretary of the Dimow Min Cooperative Society is therefore permitted to move the appellate authority, under Section 111 of the Cooperative Societies Act, against the order passed by the Asstt. Registrar of Cooperative Societies, Sivasagar. The appeal must be filed within 7(seven) days and the Registrar of Cooperative Societies is directed to dispose of the appeal on merit, within 4(four) weeks thereafter with due opportunity to the affected party. It is ordered accordingly. Until the final decision is taken, the replacement of the Secretary in the Dimow Min Cooperative Society Ltd. should not be made.

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With the above order, the case stands disposed of. No cost.

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Sd/-

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JUDGE

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Comparing Assistant

Jibon Das v. the State of Assam

Case brief

What is this about?

What did the court decide?

Jibon Das v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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