Allowed

Mohammad Ali and Anr. v. Monir Uddin Ahmed and 17 Ors.

Gauhati HC7 Jun 2022I.A.(Civil)/1360/2022

Case brief

AI extract

What is this about?

This order allows an interlocutory application to implead the applicants, Mohammad Ali and Abdur Rezzaque, as respondents Nos. 8 and 9 in a connected Writ Petition challenging the illegal election and voter list of Takimari Samabay Samity Ltd.

What did the court decide?

This Interlocutory Application is allowed; applicants to be impleaded as respondents Nos. 8 & 9.

Mohammad Ali and Anr. Vs Monir Uddin Ahmed and 17 Ors. — Cooperative Societies | Gauhati HC (2022)

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GAHC010069892022

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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)/1360/2022

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in WP(C)/2531/2022

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MOHAMMAD ALI AND ANR. S/O LATE HAJI HAZRAT ALI R/O VILL- PACHIM KATHURI PO KATHURI DIST. GOALPARA ASSAM

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2: ABDUR REZZAQUE S/O LATE HAJI HAZRAT ALI R/O VILL- PACHIM KATHURI PO KATHURI DIST. GOALPARA ASSAM VERSUS

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MONIR UDDIN AHMED AND 17 ORS. S/O LATE SABED ALI SK VILL- CHALAKURA PS AND PO- LAKHIPUR DIST. GOALPARA ASSAM PIN-783129

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2:ABDUL HALIM S/O. LT. USMAN ALI VILL. PANCLIAPARA P.S. AND P.O. LAKHIPUR DIST. GOALPARA ASSAM PIN-783129. 3:ALI AKBAR

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S/O. LT. ALEK ALI VILL. SAPTIBARI P.S. AND P.O. LAKHIPUR DIST. GOALPARA ASSAM PIN-783129. 4:ALI AKBAR S/O. LT. USMAN ALI VILL. CHULKANIPARA P.S. AND P.O. LAKHIPUR DIST. GOALPARA ASSAM PIN-783129. 5:ABDUR RAHMAN S/O. LT. FAKIR CHAND SK VILL. RATANGAON P.S. AND P.O. LAKHIPUR DIST. GOALPARA ASSAM PIN-783129. 6:CHAN MIYA S/O. LT. SAIJUDDIN CHALAKURA P.S. AND P.O. LAKHIPUR DIST. GOALPARA ASSAM PIN-783129. 7:JOYNAL ABEDIN S/O. MONNAF ALI VILL. PANINEIAPARA P.S. AND P.O. LAKHIPUR DIST. GOALPARA ASSAM PIN-783129. 8:KADAM ALI S/O. AKBAR ALI VILL. CHALAKURA P.S. AND P.O. LAKHIPUR DIST. GOALPARA ASSAM PIN-783129. 9:REZAUL KARIM S/O. ABU SAYED VILL. CHALAKURA P.S. AND P.O. LAKHIPUR DIST. GOALPARA ASSAM PIN-783129. 10:RAJAB ALI

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S/O. YESMIN ALI VILL. GERAPURI P.S. AND P.O. LAKHIPUR DIST. GOALPARA ASSAM PIN-783129. 11:ANISA BEGUM W/O. SAHIDUL ISLAM VILL. PACHIM KATHURI P.S. AND P.O. LAKHIPUR DIST. GOALPARA ASSAM PIN-783129. 12:THE STATE OF ASSAM AND 6 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM COOPERATION DEPTT. DISPUR GUWAHATI-06. 13:THE REGISTRAR OF COOPERATIVE SOCIETIES ASSAM KHANAPARA GHY.-781022. 14:THE ASSTT. REGISTRAR OF COOPERATIVE SOCIETIES GOALPARA ASSAM P.O. GOALPARA PIN-783132 15:THE DEPUTY COMMISSIONER GOALPARA P.O. GOALPARA DIST. GOALPARA PIN-783132. 16:THE DIST. DEVELOPMENT COMMISSIONER GOALPARA ASSAM P.O. GOALPARA PIN-783132 17:THE CIRCLE OFFICER LAKHIPUR REVENUE CIRCLE LAKHIPUR P.O. LAKHIPUR DIST. GOALPARA ASSAM PIN-783129. 18:TAKIMARI SAMBAY SAMITY LTD. REP. BY ITS SECRETARY P.O. TAKIMARI

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DIST. GOALPARA ASSAM PIN-783129

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-----------Advocate for : DR. B AHMED Advocate for : appearing for MONIR UDDIN AHMED AND 17 ORS.

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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07-06-2022

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Heard Mr. A. K. Azad, learned counsel for the applicants and Mr. M. Khan, learned counsel for the opposite party/writ petitioner Nos. 1 to 11. Also heard Ms. M. D. Borah, learned Standing counsel, Co-operation Department of the State for the opposite party Nos. 12 to 14; Ms. S. Sarma, learned Government Advocate, Assam for the opposite party Nos. 15 to 17 and Mr. K. R. Patgiri, learned counsel for the opposite party No. 18.

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The opposite party Nos. 1 to 11 as writ petitioners filed the connected WP(C) No. 2531/2022 being aggrieved with inaction on the part of the opposite party No. 16, District Development Commissioner, Goalpara, whereby the said authority vide communication No. GDG 65/2017 dated 29.03.2022 directed the Assistant Registrar of Co-operative Societies, Goalpara to stop the approval of the AGM/Election of Takimari Samabay Samity Ltd., District-Goalpara until further orders from the end of the said authority as per the direction of the Deputy Commissioner, Goalpara directing him to make necessary enquiry regarding the complaint lodged by the present applicants with regard to preparation of correction of the Voters List of the said Takimari Samabay Samity Ltd. wherein the applicants placed before the Deputy Commissioner, Goalpara that with the wrong Voter List, the Board of Directors of the said Samabay Samity were selected in the AGM/Election held on 14.03.2022.

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Mr. Patgiri, learned counsel for the opposite party No. 18, Secretary of the said Takimari Samabay Samity involved in the case submits that due notice for correction of the Voter List of the said Samity was issued by him on 17.04.2021 requesting all the shareholders of the said Samity to go through the draft Voter List of the Samity available in its office till 18.04.2021 and to submit their applications, if any, with regard to the objection/correction of the Voter List of the said Samity from

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18.04.2021 to 28.04.2021 specifying that after consideration of such application(s) for correction of the Voter List, a final and correct Voter List of the said Samity will be published on 05.05.2021 and accordingly, the final Voter List of the said Samity was published on 05.05.2021.

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Mr. Khan, learned counsel for the opposite party/writ petitioner Nos. 1 to 11 submits that there are specific provisions with regard to such correction of the Voter List or anyone aggrieved with the Voter List of the concerned Samity as specified in the Assam Co-operative Societies’ Election Rules, 2019 which are in force as on date.

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Ms. Borah, learned Standing counsel, Co-operation Department appearing for the opposite party Nos. 12 to 14 submits that Section 41 of the Assam Co-operative Societies, Act, 2007 relates to ‘Election’ wherein its stipulates that “the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all election to a Co-operative Societies shall vest in the Registrar……”.

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Mr. Azad, learned counsel for the applicants submits that the election of said Takimari Samabay samity of which the applicants are the shareholders was illegally held on 14.03.2022 on the basis of the illegal Voter List consisting with the names of members of death shareholders without correcting the names of their family members as Voters and further, the said Voter List of the Samity was without the names of many shareholders.

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After hearing the learned counsels for the parties, for proper adjudication of the case, the Court is of the view that the applicants i.e., Mohammad Ali, son of late Haji Hazrat Ali and Abdur Rezzaque, son of late Haji Hazrat Ali be impleaded as party respondent Nos. 8 & 9 in the connected WP(C) No. 2531/2022.

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Accordingly, this Interlocutory Application stands allowed.

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JUDGE

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Comparing Assistant

Mohammad Ali and Anr. v. Monir Uddin Ahmed and 17 Ors.

Case brief

What is this about?

What did the court decide?

Mohammad Ali and Anr. v. Monir Uddin Ahmed and 17 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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