The High Court disposed of an intra-Court appeal challenging an order quashing a cooperative society President's vacancy decree. The court found that the previously issued directions had been fully implemented by the Society and registrars, rendering the appeal moot.
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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GAHC010120972022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/221/2022
HUMAI DAS S/O LATE KHITESWAR DAS, R/O BIHAGURI, P.O. PITTHAKHOWA, DIST. SONITPUR, ASSAM 784153
VERSUS
THE STATE OF ASSAM AND 11 ORS. REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT OF ASSAM, CO OPERATION DEPTT., DISPUR, GUWAHATI 6
2:THE REGISTRAR OF CO OPERATIVE SOCIETIES
ASSAM KHANAPARA GUWAHATI 22 3:I/C ADDITIONAL REGISTRAR OF CO OPERATIVE SOCIETIES (GENERAL) ASSAM KHANAPARA GUWAHATI 22 4:THE ZONAL JOINT REGISTRAR OF CO OPERATIVE TEZPUR ZONE TEZPUR DIST. SONITPUR ASSAM 784001
5:THE ASSTT. REGISTRAR OF CO OPERATIVE SOCIETIES TEZPUR DIST. SONITPUR ASSAM 784001
6:BABUL DAS
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S/O LATE DANDIRAM DAS RESIDENT OF VILLAGE KALIBARI PO TEZPUR DIST SONITPUR ASSM 784001
7:AMULYA MALO DAS
S/O LATE NITAI MALO DAS R/O VILL. BARBHAGIA P.O. BORSOLA DIST. SONITPUR ASSAM 784117
8:JOYDEV DAS
S/O LATE BOHGIRAM DAS R/O VILL. KALIBARI P.O. TEZPUR DIST. SONITPUR ASSAM 784001
9:BETHAI RAM DAS
S/O LATE SERAM DAS R/O VILL. BORDUBIA P.O. PITHAKHOWA DIST. SONITPUR ASSAM 784153
10:NAREN CHANDRA DAS
S/O LATE BHADRESWAR DAS R/O VILL. BORDUBIA P.O. PITHAKHOWA DIST. SONITPUR ASSAM 784153
11:JHARU CHANDRA DAS S/O LATE SUREN DAS R/O VILL. SINGRI BANGALI P.O. SINGRI DIST. SONITPUR ASSAM 784110
12:RAMEN DAS S/O LATE BHOLANATH DAS R/O VILL. KALIBARI
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P.O. TEZPUR DIST. SONITPUR ASSAM 78400
Advocate for the Petitioner : MD S HOQUE
Advocate for the Respondent : SC, CO OP
BEFORE
HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 08.09.2022 (R.M. Chhaya, CJ.)
Heard Mr. S. Hoque, learned counsel for the appellant. Also heard Mr. G. Bordoloi, learned standing counsel, Co-operation Department, appearing for the respondent Nos.1 to 5 and Mr. B.D. Das, learned senior counsel, assisted by Mr. D. Kalita, learned counsel, appearing for the respondent Nos.6 to 12.
Feeling aggrieved and dissatisfied by the judgment & order dated 31.05.2022 passed by the learned Single Judge in WP(C) No.5699/2021, the appellant has preferred this intra-Court appeal.
By the impugned judgment, the learned Single Judge was pleased to quash and set aside the order dated 16.10.2021 passed by the Registrar of Cooperative Societies and the learned Single Judge was further pleased to observe that the Society in consultation with the respondent authorities shall proceed to consider the matter of filling up of the vacancy of the President in the Board of the Society in compliance with the provisions of the Assam Co-operative Societies Act, 2007 (hereinafter referred to as “the Act”) and more particularly provisions contained in Sub-Sections (2) & (6) of Section 36 of the said Act.
During the course of hearing, today Mr. G. Bordoloi, learned standing
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counsel, Co-operation Department has placed on record a communication addressed by the Assistant Registrar of Co-operative Societies, Tezpur dated 25.08.2022, the same is taken on record. The said communication addressed to the learned Advocate recites that in compliance with the directions issued by the learned Single Judge of this Court in the judgment & order impugned in this appeal, a special Board of Directors meeting, as provided under Section 43(2) of the Act was held on 17.06.2022 and Shri Joydev Das has been unanimously elected as Chairman of the Society and Shri Joydev Das, so elected as Chairman, is holding the post of the Chairman of the Society.
Mr. B.D. Das, learned senior counsel, appearing for the respondent Nos.6 to 12 has also produced the translated copy of the resolution dated 17.06.2022 passed in the said meeting, wherein the appellant himself has participated, wherein Shri Joydev Das is elected as the Chairman.
In light of the aforesaid, as the directions issued by the learned Single Judge have already been carried out and implemented, no useful purpose would be served to further examine the appeal as the cause does not survive in view of the aforesaid development that has taken place after passing of the impugned order.
The appeal is disposed of accordingly.
JUDGE CHIEF JUSTICE
Comparing Assistant
2 issues framed by the court
Whether the appeal requires further examination given that the directions of the Single Judge have been implemented.
Whether the cause of appeal survives post-implementation of the court's earlier directions.
2 provisions across 1 enactments
Humai Das
State of Assam
Registrar of Cooperative Societies
Additional Registrar of Cooperative Societies
Zonal Joint Registrar of Cooperative Societies
Assst. Registrar of Cooperative Societies
Soumitra Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
