Disposed

Desh Bhakta Samabay Samittee Ltd. v. the State of Assam and 5 Ors.

Gauhati HC3 Mar 2022WP(C)/1227/2022

Case brief

AI extract

What is this about?

Petitioner, a registered co-operative society, sought to be exempted from penal provisions for failing to hold AGMs in 2020 and 2021 due to pandemic restrictions preventing administrative permission. The court directed the society to submit a representation under Section 130A to the Commissioner and interim relief from coercive action. No decision on merits.

What did the court decide?

Petitioner to submit representation under Section 130A seeking exemption; coercive action stayed pending consideration of grievance.

Desh Bhakta Samabay Samittee Ltd. Vs the State of… — Cooperative Societies | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010032422022

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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)/1227/2022

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DESH BHAKTA SAMABAY SAMITTEE LTD

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REP. BY ITS CHAIRMAN, MAYNUL HAQUE, AGED ABOUT 51 YEARS, S/O LT. JALMAHMUD, VILL. KAYAKUCHI GAON, P.S. AND DIST. BARPETA, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, CO-OPERATIVE DEPTT. DISPUR, GUWAHATI-6

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2:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI-22

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3:THE ZONAL JOINT REGISTRAR OF COOPERATIVE SOCIETIES GUWAHATI ZONE BHANGAGARH GUWAHATI-5

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4:THE DEPUTY COMMISSIONER

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BARPETA P.O. AND DIST. BARPETA ASSAM

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5:THE DISTRICT DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES BARPETA P.O. AND DIST. BARPETA ASSAM

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6:THE ASSTT. REGISTRAR OF COOPERATIVE SOCIETIES

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BARPETA P.O. AND DIST. BARPETA ASSA

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Advocate for the Petitioner : MR. R ALI Advocate for the Respondent : SC. CO. OP.

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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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03-03-2022

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Heard Mr. R. Ali, learned counsel for the petitioner and Mr. S. K. Talukdar, learned Standing counsel, Co-operation Department for the respondent Nos. 1, 2, 3, 5 & 6. Also heard Ms. M. Barman, learned Government Advocate, Assam for the respondent No. 4.

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Petitioner Desh Bhakta Samabay Samittee Limited in the district of Barpeta is a registered Co-operative Society under the Assam Co-operative Societies Act, 2007 represented by its Chairman. The Board of Directors of the said Samabai Samittee was last constituted in the year 2019 for a period of 5 years as per the provisions of the said 2007 Act, which in regular course shall expire in the year 2024. Though the petitioner Samittee resolved to hold its AGM in the year 2020 as required under the law, but due to Pandemic COVID- 19, it did not get permission from the authority of the Barpeta District Administration. As such, in the year 2020, the Samittee could not hold its AGM.

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The petitioner Society in September 2020 resolved to hold its AGM for the year 2020-21 and sought necessary permission from the Assistant Registrar of Co-operative Societies, Barpeta and the District Administration of Barpeta. But due to protocol of Pandemic COVID-19 being in force, Barpeta District Administration did not give permission and for that the AGM of the petitioner Society for the year 2020-21 did not take place.

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The Assistant Registrar of Co-operative Societies, Barpeta by its order No.CBDA(AGM)275/85/Pt.VII/26 dated 12.08.2021 directed all the Chairman/ Secretary of Co-operative Societies under Barpeta and Bajali Districts to hold AGMs and Election of their respective Cooperative Societies for the year 2021-2022 before 30.09.2021 as per the provisions of said 2007 Act, otherwise, they will not get the benefit of recent amendment of the said Act, intimating further that if the Societies want to hold the AGMs for two years, they must take the exemption from the Government prior to holding of AGM for both the years as per amended provisions of said 2007 Act.

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Though the petitioner Society on 30.08.2021 resolved to hold the AGM of the society for

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the year 2021-22 in the month of September 2021, but even on this occasion, due to protocol of Pandemic COVID-19, the District Administration of Barpeta did not allow any such permission, for which the AGM of the petitioner Society for the year 2020-21 could not be held.

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The Secretary of the petitioner Society accordingly wrote to the ARCS, Barpeta informing him all the causes for which the Society could not hold the AGM in the years 2020-21 and 202122 and requested the said authority to exempt the petitioner Society from the penal provisions of Sections 39 and 41(2) of said 2007 Act. However, such approval has not yet been granted by the said authority.

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Apprehending that the respondents in the Co-operation Department in exercise of power conferred upon them under Sections 39 and 41(2) of the 2007 Act, shall take coercive action against the petitioner Society for not holding its AGM in the years 2020-21 and 2021-22 and shall dissolve the Board of Directors of the said Society for the said reason, the petitioner has preferred this petition.

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Petitioner’s contention is that though it resolved to hold its AGM in the years 2020-21 and 2021-22, but it failed to hold the AGMs at the relevant time as the Barpeta District Administration did not grant permission for the meetings because of the protocol of Pandemic COVID-19 was in force.

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The petitioner has placed the provisions of Section 130A of the Assam Co-operative Societies Act that was published in the Assam Gazette on 09.06.2021, where the provisions of said Section came into force with effect from 25.03.2020.

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Relying the provisions of Section 130A of the said 2007 Act, Mr. Ali, learned counsel for the petitioner submits that the respondents in the Co-operation Department, without considering the provisions of Section 130A of said 2007 Act as amended shall not take any coercive action against the petitioner Society in terms of the order dated 12.08.2021 issued by the ARCS, Barpeta, noted above.

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After hearing the learned counsels for the parties, considering the entire aspects of the matter and as agreed by the parties, this writ petition is disposed of at the motion stage itself directing the petitioner Society that on receipt of the certified copy of this order, it shall forthwith submit a representation before the Commissioner & Secretary to the Government of Assam in the Co-operation Department, respondent No. 1 as provided under Section 130A of the Assam Co-

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operative Societies Act, 2007 as amended along with the certified copy of this order and copy of this petition including the Annexures appended thereto with its proper address, telephone/mobile number, e-mail address etc. for issuance of necessary communication, stating its grievances and reasons regarding failure to hold its AGMs in the years 2020-21 and 2021-22 and seeking necessary exemption as provided under Section 130A of said 2007 Act, obtaining necessary acknowledgement from the authority concerned in that regard.

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In the event of filing such representation by the petitioner, as directed above, before the Commissioner & Secretary to the Government of Assam, Co-operation Department, respondent No. 1, the said authority within a period of 30 (thirty) days from the date of receipt of such representation from the petitioner Society, as noted above, shall consider such grievances of the petitioner and shall pass a reasoned order on such representation of the petitioner Society considering all the relevant aspects as well as necessary records and reports.

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It is also made clear that during pendency of such representation of the petitioner Society submitted under Section 130A of said 2007 Act before the Commissioner & Secretary to the Government of Assam, Co-operation Department, respondent No. 1, the authorities in the Cooperation Department of the State shall not take any coercive action against the petitioner Society under Sections 39 and 41(2) of the said 2007 Act.

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With the above observation and direction, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Desh Bhakta Samabay Samittee Ltd. v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Desh Bhakta Samabay Samittee Ltd. v. the State of Assam and 5 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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