Disposed

The Board of Directors of Gopinath Samabay Samiti Ltd. v. the State of Assam and 3 Ors.

Gauhati HC10 Mar 2022WP(C)/1541/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition by the Board of Directors of Gopinath Samabay Samiti Ltd seeking exemption from statutory duties to hold Annual General Meetings due to COVID-19 restrictions preventing administrative approval, directing the society to submit grievances under Section 130A.

What did the court decide?

Petitioner directed to submit representation and certified copy of order to the Commissioner for time to hold AGM under Section 130A.

The Board of Directors of Gopinath Samabay Samiti Ltd… — Cooperative Societies | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010038202022

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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)/1541/2022

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THE BOARD OF DIRECTORS OF GOPINATH SAMABAY SAMITI LTD REPRESENTED BY ITS CHAIRMAN GANESH ROY, AGED 51 YEARS, S/OLATE DHARANIDHAR ROY, VILL- PUB- BARALA, P.O. GOLIBANDHA, DIST. BARPETA, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, CO-OPERATION DEPARTMENT, DISPUR, GUWAHATI-6.

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

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3:THE DEPUTY COMMISSIONER BARPETA ASSAM

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4:THE ASSTT. REGISTRAR OF CO-OPERATIVE SOCIETIES BARPETA ASSA

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Advocate for the Petitioner : MD. R ALI

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Advocate for the Respondent : GA, ASSAM

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Page No.# 2/4

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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10-03-2022

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Heard Mr. A. M. Khan, learned counsel for the petitioner and Mr. S. K. Talukdar, learned Standing counsel, Co-operation Department of the State for all the respondent Nos. 1 to 4.

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Petitioner herein is the Board of Directors of Gopinath Samabai Samity Limited in the district of Barpeta represented by its Chairman. The Board of Directors of the said Samabai Samity was last constituted in the year 2018 for a period of 5 (five) years as per the provisions of the Assam Cooperative Societies Act, 2007, which shall expire on 23.03.2023.

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It is stated that the petitioner Society in the year, 2020 approached the Deputy Commissioner, Barpeta seeking permission to hold Annual General Meeting (AGM) of the said Society for the year 2020-2021 and the Deputy Commissioner, Barpeta by his communication dated 08.09.2020 did not grant such permission to hold the AGM due to Pandemic Covid-19 and that the said order has not yet been withdrawn.

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The Assistant Registrar of Co-operative Societies (ARCS), Barpeta on 12.08.2021 wrote to the Secretary/Chairman of the petitioner Society to convene AGM and Election of the Society subject to the permission of the District Administration and/or Sub-Divisional Administration, as the case may be, due to Pandemic Covid-19. The Board of Directors of the petitioner Society in its executive meeting held on 18.08.2021 decided to hold the AGM of the said Samabai Samity on 19.09.2021 at 10:00 am for the years 2020-2021 and 2021-2022. For the said purpose, the petitioner approached the Deputy Commissioner, Barpeta on 23.08.2021 and also made similar approach before the ARCS, Barpeta for their necessary approval and seeking permission from them to hold the AGM of the said Society. However, the Deputy Commissioner, Barpeta did not give its consent/approval to hold such AGM of the said society due to Pandemic Covid-19.

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As such, the petitioner approached the ARCS, Barpeta again for the said purpose, who in turn on 02.09.2021 wrote to the Deputy Commissioner, Barpeta for such permission to hold the AGM of the petitioner Society, but the same was not considered.

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On 26.09.2021, the petitioner Society resolved to seek extension for a period of 6 (six) months from the Registrar of Co-operative Societies (RCS), Assam to hold the AGM of the said Society for the

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year 2021-2022 and the ARCS, Barpeta on 30.09.2021, wrote to the RCS, Assam to grant such extension of the petitioner Society .

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Due to non-receipt of such consent and/or approval from the concerned authorities regarding holding of Annual General Meeting of the said Society, as noted above, the petitioner failed to hold the AGM of the Society for the years 2020-2021 & 2021-2022 as required under the provisions of Section 32 of the Assam Co-operative Societies Act, 2007.

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Since the petitioner Society inspite of its best effort failed to hold the AGM of the Society for the years 2020-2021 & 2021-2022 as it could not obtain necessary approval for such meetings from the District/Sub-Divisional Administration due to Covid-19, as noted above, the petitioner Society is in the apprehension that the Board of Directors of the said Society shall be dissolved by the respondents in the Co-operative Societies following the provisions of Section 39 of the said 2007 Act.

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Hence, this petition by the petitioner Society praying amongst others to direct the Registrar of Co-operative Societies, Assam, respondent No. 2 to exempt it from the operation of the provisions of Section 39 and 41 (2) of the Assam Co-operative Societies Act, 2007 and direct the respondents in the Co-operation Department not to take any coercive action towards the Board of Directors of the petitioner Society because of its failure to hold the AGM for the years 2020-2021 & 2021-2022 as not granting permission due to pandemic Covid-19 and further to allow the petitioner to hold the AGM of the said Society for the years 2020-2021 & 2021-2022.

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Mr. S.K. Talukdar, learned Standing counsel, Co-operation Department placed the provision of Section 130A of the Assam Co-operative Societies Act, which came into force on 25.03.2020, which was published in the Assam Gazette on 09.06.2021.

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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 to submit a representation together with the certified copy of this order before the Commissioner & Secretary to the Government of Assam in the Co-operation Department, respondent No. 1 forthwith stating its grievances along with its telephone/mobile number, e-mail address etc., for issuing necessary communication to it and to grant time to it as provided under Section 130A of the Assam Co-operative Societies Act, 2007 as amended so as to hold the Annual General Meeting of the said Society within the stipulated period of time that may be granted/specified by the said authority.

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In the event of filing such representation by the petitioner Society before the Commissioner & Secretary in the Co-operation Department, Government of Assam, respondent No. 1 on or before

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21.03.2022, the said Commissioner & Secretary within a period of 30 (thirty) days from the date of receipt of such representation from the petitioner Society shall consider and dispose of such representation of the petitioner Society with a reasoned order considering all the relevant aspects and the records.

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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

The Board of Directors of Gopinath Samabay Samiti Ltd. v. the State of Assam and 3 Ors.

Case brief

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The Board of Directors of Gopinath Samabay Samiti Ltd. v. the State of Assam and 3 Ors.

Case brief

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