Disposed

M/S. Bilashipara Mahakuma Fishery Cooperative Society Ltd. and Anr. v. the State of Assam and 4 Ors.

Gauhati HC7 Dec 2020WP(C)/3960/2020

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of two writ petitions involving the Bilashipara Mahakuma Fishery Cooperative Society. The court directed respondent authorities to complete the process of the Annual General Meeting (AGM) and election within 90 days of the Board dissolution.

What did the court decide?

Direction to respondent authorities to complete the process of AGM/election within 23.12.2020 following due process.

M/S. Bilashipara Mahakuma Fishery Cooperative Society… — Cooperative Societies | Gauhati HC (2020)

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GAHC010161922020

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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)/4875/2020

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M/S BILASHIPARA MAHAKUMA FISHERY CO OP SOCIETY LTD AND ANR VILL- AKLAPARA, P.O. HATIPOTA, P.S. CHAPAR, BILASIPARA SUB DIVISION, PIN- 783348, DIST.- DHUBRI, ASSAM

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2: PRASANNA BARMAN CHAIRMAN BILASHIPARA MAHKUMA FISHERY COOPERATIVE SOCIETY LTD VILLCHANDARDINGA P.O. HATIPOTA PIN- 783348 DIST.- DHUBRI ASSA

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VERSUS

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THE STATE OF ASSAM AND 10 ORS BEING REP. BY THE COMM. AND SECY. OF GOVT. OF ASSAM, COOPERATION DEPTT., DISPUR, GHY-06

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2:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GHY-22 DIST.- KAMRUP (M) ASSAM

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3:THE ADDL. REGISTRAR OF CO-OPERATIVE SOCIETIES CUM C.H.D.B.T.C. DIST.- KOKRAJHAR ASSAM

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4:THE ASSTT. REGISTRAR OF CO-OPERATIVE SOCIETIES DHUBRI DIST.- DHUBRI

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ASSAM PIN- 783331 5:THE SENIOR INSPECTOR/AUDITOR OF COOPERATIVE SOCIETIES SRI SYED SHAMIM AHMED DHUBRI DIST- DHUBRI ASSAM PIN- 783331 6:ANKUR DAS FORMER SECY. OF M/S BILASHIPARA MAHKUMA FISHERY COOPERATIVE SOCIETY BILASHIPARA R/O- VILL- DIMTOLA WARD NO. 3 (NEAR SUMU LODGE) DIST.- DHUBRI PIN- 783348 ASSAM 7:SUKCHARAN BARMAN S/O- GYUARAM BARMAN BOARD MEMBER BILASHIPARA MAHKUMA FISHERY COOPERATIVE SOCIETY R/O- VILL- CHANDORDINGA P.O. HATIPOTA DIST.- DHUBRI PIN- 783348 8:PRAN KRISHNA NAMA DAS S/O- MADHUSUDAN NAMA DAS BOARD MEMBER BILASHIPARA MAHKUMA FISHERY COOPERATIVE SOCIETY R/O- VILL- GOBINDAPUR P.O. CHAPPAR DIST.- DHUBRI ASSAM 9:HIMANGHSU DAS S/O- LT. SOLAHARI DAS BOARD MEMBER BILASHIPARA MAHKUMA FISHERY COOPERATIVE SOCIETY R/O- VILL- KADOMTOLA P.O. BILASHIPARA DIST.- DHUBRI ASSAM- 783348 10:BIRESH DAS

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S/O- LT. KAMAI DAS BOARD MEMBER BILASHIPARA MAHKUMA FISHERY COOPERATIVE SOCIETY R/O- VILL- KADOMTOLA P.O. BILASHIPARA DIST.- DHUBRI ASSAM- 783348 11:PATIT PALAN DAS S/O- VIKU RAM DAS BOARD MEMBER BILASHIPARA MAHKUMA FISHERY COOPERATIVE SOCIETY R/O- VILL- KADOMTOLA P.O. BILASHIPARA DIST.- DHUBRI ASSAM- 78334

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Advocate for the Petitioner : MR D DAS

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Advocate for the Respondent : SC, CO OP

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Linked Case : WP(C)/3960/2020

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M/S. BILASHIPARA MAHAKUMA FISHERY COOPERATIVE SOCIETY LTD. AND ANR. VILLAGE EKLAPARA PO DEOLIA 787053 DIST LAKHIMPUR ASSAM 2: PRASANNA BARMAN CHAIRMAN .BILASHIPARA MAHKUMA FISHERY CO OPERATIVE SOCIETY LTD. VILLAGE CHANDARDINGA PO HATIPORA 783348 DIST DHUBRI ASSAM VERSUS

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THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM CO OPERATION DEPARTMENT DISPUR GUWAHATI

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2:THE REGISTRAR

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CO OPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI 781022 DIST KAMRUP M ASSAM

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3:THE ADDITIONAL REGISTRAR OF CO OPERATIVE SOCIETIES CUM CHDBTC KOKRAJHAR ASSAM 4:THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES DHUBRI DHUBRI ASSAM 783331

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5:SRI ANKUR DAS FORMER SECRETARY OF MS BILASHIPARA MAHKUMA FISHERY CO OPERATIVE SOCIETY BILASHIPARA VILLAGE DIMTOLA WARD NO 3 (NEAR SUMU LODGE ) DHUBRI ASSAM 783348 -----------Advocate for : MR. D DAS SR. ADV Advocate for : SC COOPERATION appearing for THE STATE OF ASSAM AND 4 ORS.: Advocate ,

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, ,

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, appearing for 2, 3, 4,

5, respectively.

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BEFORE

HON’BLE MR. JUSTICE SUMAN SHYAM

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07.12.2020

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Heard Mr. D Das, learned senior counsel assisted by Mr. S Khound, learned counsel for the petitioners in both the writ petitions. Also heard Mr. KN Choudhury, learned senior counsel assisted by Mr. AK Hussain, learned counsel appearing for the private respondents. Ms. MD Bora, learned Standing Counsel, Cooperation Department and Mr. S Bora, learned Standing Counsel, BTC are present on behalf of the official respondents.

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The writ petitioner No.1 is represented by the erstwhile Managing Committee of the Bilashipara Mahakuma Fishery Cooperative Society Ltd. and the writ petitioner No.2 is its former Chairman. Apprehending that the Managing Committee represented by the petitioner No.1 would be dissolved by the respondent No.2 i.e. the Registrar of Co-operative Societies without following the due process of law, the petitioners had earlier approached this Court by filing WP(C) 3960/2020 wherein, this Court had passed an interim order dated 7.10.2020 directing maintenance of status quo as regards the existing Board of Directors of the petitioner’s society. However, it appears that by order dated 23.09.2020 issued by the Additional Registrar of Co-operative Societies-cum-C.H.D., B.T.C., Kokrajhar, Board of Directors represented by the petitioner No.1 was already dissolved on the ground of their failure to hold the statutory board meetings. In view of the order dated 23.09.2020 issued by the Additional Registrar, this Court had declined extension of the interim order dated 7.10.2020 beyond the returnable date, i.e.10.11.2020. Both the writ petitions have, however, come up for motion hearing today.

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Mr. Das, learned senior counsel appearing for the writ petitioners submits that his clients are not pressing the challenge to impugned order dated 23.09.2020, but by referring to Section 41(6) of the Assam Cooperative Societies Act, 2007, the learned senior counsel submits that the respondents are duty bound to hold election of the new Management Committee of the Cooperative Society within 90 days from the date of dissolution of the Board, which coincides with 23.12.2020. Mr. Das, therefore, submits that his clients would be satisfied if the both writ petitions are disposed of by directing the respondent No.2 to ensure

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that election of the Cooperative Society is held within 23.12.2020 i.e. within the 90 days period, as stipulated by section 41(6) of the Act of 2007.

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Mr. KN Choudhury, learned senior counsel appearing for the private respondent No.6 in WP(C) 4875/2020 submits that a One Man Committee has already been appointed who has taken over charge on 24.09.2020 and it is the said authority who would be responsible for holding elections in the Society.

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Mr. Choudhury has, however, fairly submitted that elections are required to be held within the statutory period of 90 days w.e.f. dissolution of the Board.

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Ms. MD Bora, learned Standing Counsel, Cooperation Department has assured this Court that necessary steps for holding AGM/election in the cooperative society within 23.12.2020 will be initiated by following the provisions of law.

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Similar is the stand of Mr. S Bora, learned Standing Counsel, BTC.

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In view of the above, both the writ petitions are hereby disposed of with a direction to the respondent authorities to complete the process of AGM/election of the Society within 23.12.2020 by following the due process.

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JUDGE

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Comparing Assistant

M/S. Bilashipara Mahakuma Fishery Cooperative Society Ltd. and Anr. v. the State of Assam and 4 Ors.

Case brief

What is this about?

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M/S. Bilashipara Mahakuma Fishery Cooperative Society Ltd. and Anr. v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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