Disposed

Abul Kalam Azad v. the State of Assam and 18 Ors.

Gauhati HC2 Nov 2018WP(C)/7565/2018

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition challenging the Annual General Meeting and election of a Cooperative Society. Instead of quashing the proceedings, the court directed the petitioner to file an appeal before the Registrar of Cooperative Societies within 30 days, asserting the Registrar's statutory superintendence powers.

What did the court decide?

Released from obligation to quash AGM; imperative directed to prefer appeal before Registrar within 30 days.

Abul Kalam Azad Vs the State of Assam and 18 Ors. — Cooperative Societies | Gauhati HC (2018)

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GAHC010241722018

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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) 7565/2018

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ABUL KALAM AZAD S/O LT. UMAR ALI, VILL- KAPILIPARA, P.O. KARIKHANA, P.S. LANKA, DIST. HOJAI (ASSAM), PIN- 782446.

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VERSUS

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1:THE STATE OF ASSAM AND 18 ORS.

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, CO-OPERATION DEPTT., DISPUR, GUWAHATI- 6.

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2:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM, KHANAPARA GUWAHATI- 781022

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3:THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES NAGAON, ASSAM. PIN- 782002

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4:THE ASSTT. REGISTRAR OF CO-OPERATIVE SOCIETIES HOJAI, DIST.- HOJAI ASSAM, PIN- 782435.

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5:THE SECRETARY TO LASKAR BHALUKMARI SOMAI SOMITI LTD DISTRICT- HOJAI ASSAM, PIN- 782446.

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6:HUSSAIN AHMED CHOUDHURY (CHAIRMAN) S/O LATE WAZID ALI CHOUDHURY VILL- FARMERPER P.O. KARIKHANA DIST.- HOJAI (ASSAM) PIN- 782446

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7:MD. ABDUL JALIL (VICE-CHAIRMAN) S/O JOBAN ALI VILL- DAKHAIN LASKAR PATHAR P.O. LASKARPATHAR DIST. HOJIA (ASSAM) PIN- 782446.

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8:MD. FAIJUR RAHMAN S/O ISHAD ALI VILL. SIMLAIPATHAR P.O. KARIKHANA DISTRICT- HOJAI (ASSAM) PIN- 782446.

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9:MD. MOINA MIYA S/O LATE KUTI MIYA VILL- DAKHAIN LASKAR PATHAR P.O. LASKARPATHAR DIST. HOJAI (ASSAM) PIN- 782446.

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10:MD. IMRAM HUSSAIN S/O ABDUL HAMID VILL- AKANTU P.O. KARIKHANA DIST. HOJAI (ASSAM) PIN- 782446.

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11:MD. NAZMUL ISLAM S/O ABDUL MANNAN VILL- AKANTU P.O. KARIKHANA DIST. HOJAI (ASSAM) PIN- 782446.

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12:MD. MAZIBUR RAHMAN S/O ESHAD ALI VILL- SIMLAI PATHAR P.O. KARIKHANA DIST. HOJAI (ASSAM) PIN- 782446.

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13:MD. MUZAAKIR HUSSAIN S/O FAJLUL HOQUE VILL- DAKHAIN LASKAR PATHAR P.O. LASKARPATHER DIST. HOJAI (ASSAM) PIN- 782446.

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14:NASIR UDDIN CHOUDHURY S/O LATE ROJOB ALI VILL- FARMERPER P.O. KARIKHANA DIST. HOJAI (ASSAM) PIN- 782446.

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15:ABDUL SHOHID S/O LATE MIRJAN ALI VILL- KAPILIPARA P.O. KARIKHANA DIST. HOJAI (ASSAM) PIN- 782446.

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16:MUZARUL HOQUE S/O ABDUL MUSABBIR VILL- FARMERPER P.O. LASKAR PATHAR DIST. HOJAI (ASSAM) PIN- 782446.

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17:HABIZA KHATOON W/O KASHIM ALI VILL- DAKHIN LASKAR PATHER P.O. LASKAR PATHER DIST. HOJAI (ASSAM) PIN- 782446.

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18:NAZIMA KHATTON D/O ABDUL JALIL VILL. KAKHIN LASKAR PATHER P.O. LASKAR PATHER DIST. HOJAI (ASSAM) PIN- 782446.

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19:BIKRAM HANSEY S/O SATEH HANSEY VILL- DAKHIN LASKAR PATHAR P.O. LASKAR PATHER DIST- HOJAI (ASSAM) PIN- 782446

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Advocate for the Petitioner : G UDDIN

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Advocate for the Respondent : SC, CO OP

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BEFORE HONOURABLE MR. JUSTICE UJJAL BHUYAN

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ORDER

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Date : 02-11-2018

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Heard Mr. G. Uddin, learned counsel for the petitioner and Mr. A. K. Azad, learned counsel for the Cooperation Department, Govt. of Assam.

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Having regard to the subject matter of the writ petition and the order that is proposed to be passed, issuance of notice to the respondents is considered not necessary and the case is taken up for disposal at the motion stage itself.

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By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of the proceedings of the Annual General Meeting of Laskar Bhalukmari Samabai Samiti Ltd. (Cooperative Society) in the district of Hojai.

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Annual General Meeting (AGM) and election of the said Cooperative Society for the year 2018-19 was held on 29.09.2018.

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Petitioner has alleged irregularities in the holding of AGM and election on 29.09.2018 and therefore seeks annulment of the proceedings.

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On a query by the Court, it is submitted that proceedings of the AGM and election have been approved by the Assistant Registrar of Cooperative Society, Hojai.

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Under Section 111 of the Assam Cooperative Societies Act, 2007 an appeal would lie against such approval before the Registrar of Cooperative Societies, Assam. In any case, under

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Section 41 of the said Act the overall power of superintendence, direction and control of the preparation of electoral rolls for and the conduct of all election to cooperative societies is vested in the Registrar.

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That being the position, petitioner may prefer appeal before the Registrar of Cooperative Societies, Assam and if such appeal is preferred within a period of 30 (thirty) days from today, the same shall be considered by the Registrar of Cooperative Societies, Assam in accordance with law.

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With the above direction, writ petition is disposed of.

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JUDGE

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Comparing Assistant

Abul Kalam Azad v. the State of Assam and 18 Ors.

Case brief

What is this about?

What did the court decide?

Abul Kalam Azad v. the State of Assam and 18 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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