Writ petition challenging the non-allowance of the petitioner to serve as Secretary of a society was dismissed as infructuous after the impugned office orders allowed the petitioner to function on a temporary basis.
The writ petition was disposed of as infructuous with two office communications added to the record.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010160672021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5198/2021
MD. HASSEN ALI
S/O. LT. NURUL ISLAM, VILL. BALIDUNGA, P.O. BHURAGAON, DIST. MORIGAON, ASSAM, PIN-782121.
VERSUS
THE STATE OF ASSAM AND 4 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, CO-OPERATIVE DEPTT., DISPUR, GUWAHATI-781006.
2:THE REGISTRAR OF CO-OPERATIVE SOCIETIES
ASSAM KHANAPARA GUWAHATI-22.
3:THE ZONAL JOINT REGISTER OF CO-OPERATIVE SOCIETIES
GUWAHATI ZONE ASSAM BHANGAGARH GUWAHATI-05.
4:THE ASSTT. REGISTRAR OF CO-OPERATIVE SOCIETIES
MORIGAON ASSAM PIN-
5:THE ONE MAN COMMITTEE OF BHURAGAON S.S. LTD.
REP. BY MUKUNDA MAZUMDAR
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SR. INSPECTOR/AUDITOR OF CO-OPERATIVE SOCIETIES OFFICE OF THE ASSTT. REGISTRAR OF CO-OPERATIVE SOCIETIES MORIGAON
Advocate for the Petitioner : MR. B RAHMAN
Advocate for the Respondent : SC, CO OP
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
06/10/2021
Heard Mr. A Sarma, learned counsel for the petitioner and Ms. M D Bora, learned Standing counsel, Co-operation Department for all the respondent Nos. 1 to 5.
Petitioner is aggrieved as he has not been allowed to serve as the Secretary of Bhuragaon Samabai Samity Limited, District-Morigaon.
It is contended by the petitioner that though the selection committee of the said Samabai Samity in its meeting held on 25.11.2020 selected one Rafiqul Islam as its Secretary, but in the subsequent meeting held on 01.12.2020, the matter could not be finalized and therefore, it was forwarded to the Board of Directors of the said society. The Board of Directors of the said society under the President-ship of Vice Chairman in its meeting held on 10.12.2020 reappointed the petitioner as the Secretary of the said society and forwarded it to the Assistant Registrar of Co-operative Societies, Morigaon for its approval. But till date, the petitioner has not been allowed to function as the Secretary of the said society.
Mr. Sarma, learned counsel for the petitioner further submits that the said society is presently managed by One Man Committee as the term of the members of the said society have already expired. Hence, this writ petition by the petitioner for a direction to the respondent No. 5 to allow him to perform his duty as Secretary of the said Samabai Samity.
Ms. M D Bora, learned Standing counsel, Co-operation Department has placed before
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the Court a copy of the communication under No. NGPS.1/2012/Pt.III/55 dated 24.09.2021, whereby the Zonal Joint Registrar of Co-operative Societies, Guwahati Zone, Guwahati with regard to the said Bhuragaon Samabai Samity Limited, while considering the prayer petition of said Jalal Uddin and three others dated 14.09.2021 directed the Assistant Registrar of Cooperative Societies, Morigaon to pass appropriate order with regard to the appointment of the Secretary of the said society.
It is submitted by Ms. M D Bora, learned Standing counsel, Co-operation Department that pursuant to the said direction of the Zonal Joint Registrar of Co-operative Societies, Guwahati Zone, Guwahati, the Assistant Registrar of Co-operative Societies, Morigaon vide communication No. CMGS.3/08/Pt/90 dated 05.10.2021 allowed the petitioner, former Senior most Secretary of the said society to serve as Secretary of the said Samabai Samity on purely temporary basis till the forthcoming Annual General Meeting of the said society.
By the said communication dated 05.10.2021, the respondent Assistant Registrar of Co-operative Societies, Morigaon, also allowed the former Secretary of the said Society Md. Rafikul Islam to perform the lifting duty of PDS items till the forthcoming Annual General Meeting of the society on purely temporary basis. Further, by the said communication dated 05.10.2021, the respondent Assistant Registrar of Co-operative Societies, Morigaon also directed the Senior Inspector/Auditor of Co-operative Societies, Morigaon cum One Man Adhoc Committee of said Bhuragaon Samabai Samity Limited to place the matter of final selection of Secretary in the forthcoming Annual General Meeting of the said Bhuragaon Samabai Samity Limited.
In view of the communications dated 24.09.2021 and 05.10.2021 issued by the Zonal Joint Registrar of Co-operative Societies, Guwahati Zone, Guwahati and the Assistant Registrar of Co-operative Societies, Morigaon respectively, nothing survives to adjudicate in this matter.
Accordingly, this writ petition stands disposed of being infructuous.
The communication dated 24.09.2021 issued by the Zonal Joint Registrar of Cooperative Societies, Guwahati Zone, Guwahati and the communication dated 05.10.2021
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issued by the Assistant Registrar of Co-operative Societies, Morigaon placed before the Court today by Ms. M D Bora, learned Standing counsel, Co-operation Department be kept as a part of the record.
JUDGE
Comparing Assistant
THE STATE OF ASSAM
THE SECRETARY TO THE GOVT. OF ASSAM, CO-OPERATIVE DEPTT.
THE REGISTRAR OF CO-OPERATIVE SOCIETIES
THE ZONAL JOINT REGISTER OF CO-OPERATIVE SOCIETIES
THE ONE MAN COMMITTEE OF BHURAGAON S.S. LTD.
MANASH RANJAN PATHAK
As recorded by the court registry
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