Allowed

Pankaj Kr. Baishya v. Mridul Kr. Rabha and 6 Ors.

Gauhati HC19 Nov 2020I.A.(Civil)/1677/2020

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of an interlocutory application seeking an extension of time to hold an Annual General Meeting and subsequent elections for a cooperative society complicating. The Court allowed the application, directing the Chairman to hold an election within two months despite noting a procedural irregularity regarding the applicant's status, citing the COVID-19 pandemic.

What did the court decide?

Director the Chairman of the One-Man Ad Hoc Committee to hold an election within a period of two months from the date of the order.

Pankaj Kr. Baishya Vs Mridul Kr. Rabha and 6 Ors. — Company and Corporate | Gauhati HC (2020)

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Page No.# 1/3

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GAHC010140472020

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

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Case No. : I.A.(Civil)/1677/2020 In WP(C) No.4283/2019

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PANKAJ KR. BAISHYA

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CHAIRMAN, ONE-MAN-ADHOC COMMITTEE, LUKI GPSS LTD., SUKUNLAPARA, P.O. SUKUNIAPARA, DIST. KAMRUP(R), ASSAM, PIN781135

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VERSUS

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MRIDUL KR. RABHA AND 6 ORS.

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S/O- UDAY CH RABHA, R/O- NO.2 NOWAPARA, P.O- HAHIM BAZAR, P.SBOKO, DIST- KAMRUP(R), ASSAM, PIN- 781129

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2:KARUNA KANTA RABHA

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3:JOGESWAR RABHA

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4:PRAKASH KHAKLARY

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5:BHARAT RABHA

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6:SUREN BORO

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7:ABHAY CH BOR

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Advocate for the Petitioner : MR. A A MONDAL

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Advocate for the Respondent : MS. M D BORAH

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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Date : 19-11-2020

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Heard Shri HC Das, learned counsel for the applicant, who has filed this interlocutory application for extension of time in holding the Annual General Meeting (for short AGM) of the Luki Gaon Panchayat Samabai Samiti Ltd. (for short Samabai Samiti) for the year 2019-20 which was directed by this Court vide an order dated 02.06.2019, passed in the connected WP(C) No.4283/2019.

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In the said writ petition, the respondent no. 7 was the Chairman of the One-Man Ad Hoc Committee of the Samabai Samiti. However, the present application has been filed by the incumbent holding the said post which is not the proper procedure.

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Be that as it may, overlooking the legal aspect of the matter, it is pleaded that due to the present COVID 19 pandemic situation, the direction of this Court to hold the AGM within a period of 3 months could not be carried out.

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Ms. MD Bora, learned Standing Counsel, Cooperation Department, Assam does not seriously object to the said prayer.

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In view of the aforesaid facts and circumstance and considering the present application to be one by the Chairman of the One-Man Ad Hoc Committee of the Samabai Samiti in question which has been filed in the official capacity, the present application is allowed by directing the Chairman of the One-Man Ad Hoc Committee of the Samabai Samiti to hold election within a period of two months from today.

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Page No.# 3/3

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Since this application is filed by the One-Man Ad Hoc Committee of the Samabai Samiti, requirement of further communication of this order will not arise.

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The interlocutory application stands disposed of.

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JUDGE

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Comparing Assistant

Pankaj Kr. Baishya v. Mridul Kr. Rabha and 6 Ors.

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Pankaj Kr. Baishya v. Mridul Kr. Rabha and 6 Ors.

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