Disposed

Abdur Rezzak Miah and 8 Ors. v. the Govt. of Assam and 5 Ors.

Gauhati HC7 Mar 2022WP(C)/1585/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition filed by shareholders of a cooperative society against inaction by the Registrar. The Court directed the Registrar to decide the pending appeal and representation with a reasoned order within 30 days, providing an opportunity of hearing.

What did the court decide?

Direction to the Registrar of Cooperative Societies, Assam to dispose of the pending appeal and representation within 30 days with a reasoned order after giving hearing to private respondents.

Abdur Rezzak Miah and 8 Ors. Vs the Govt. of Assam and… — Cooperative Societies | Gauhati HC (2022)

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GAHC010042252022

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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)/1585/2022

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ABDUR REZZAK MIAH AND 8 ORS. S/O LT. HAJI ABDUS SOBAHAN SARKAR, VILL-NAYERALGA PT.III, P.O.NAYERALGA, P.S.-BILASIPARA, DIST-DHUBRI, ASSAM, PIN-783348

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2: JOSMOT ALI S/O LT. HARAN ALI VILL-NAYERALGA PT.III P.O.-NAYERALGA P.S.-BILASIPARA DIST-DHUBRI ASSAM PIN-783348

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3: SULTAN ALI AHMED S/O HAJI ABDUL KHALEQUE VILL-MAYARCHAR PT.II P.O.-NAYERALGA P.S.-BILASIPARA DIST-DHUBRI ASSAM PIN-783348

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4: OMAR ALI SK S/O LT. BAHAR ALI SK. VILL-GUTIPARA PT.III P.O.-GUTIPARA P.S.-BILASIPARA DIST-DHUBRI ASSAM PIN-783349

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5: SADAKKAS ALI S/O LT. ABDUL MOTLEB VILL-NAYERALGA PT.III

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P.O.-NAYERALGA P.S.-BILASIPARA DIST-DHUBRI ASSAM PIN-783348

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6: AZIMUL HOQUE S/O LT. ABDUL AZIZ BEPARI VILL-NAYERALGA PT.III P.O.-NAYERALGA P.S.-BILASIPARA DIST-DHUBRI ASSAM PIN-783348

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7: ABDUR REZZAK S/O AYNAL HOQUE VILL-NAYERALGA PT.III P.O.-NAYERALGA P.S.-BILASIPARA DIST-DHUBRI ASSAM PIN-783348

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8: GOLAM BOKSO S/O ABDUL MANNAN VILL-GUTIPARA PT.III P.O.-GUTIPARA P.S.-BILASIPARA DIST-DHUBRI ASSAM PIN-783349

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9: SOLIM UDDIN SHEIKH S/O ABDUL MOJID VILL-GUTIPARA PT.II P.O.-GUTIPARA P.S.-BILASIPARA DIST-DHUBRI ASSAM PIN-78334

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VERSUS

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THE GOVT. OF ASSAM AND 5 ORS.

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, COOPERATION DEPTT., DISPUR, GHY-06

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2:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GHY-22 3:THE ADDL. REGISTRAR OF CO-OPERATIVE SOCIETIES KOKRAJHAR BTC ASSAM PIN-783370 4:THE ASSTT. REGISTRAR OF CO-OPERATIVE SOCIETIES DHUBRI ASSAM PIN-783301 5:THE BOARD OF DIRECTORS (BOD) NAYERALGA S.S. LTD. REPRESENTED BY ITS CHAIRMA NAMELY SADEK ALI AHMED P.O.-NAYERALGA DIST-DHUBRI ASSAM PIN-783348 6:SOLEMAN ALI CHIEF EXECUTIVE/SECRETARY OF NAYERALGA S.S. LTD P.O.-NAYERALGA DIST- DHUBRI ASSAM PIN-78334

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Advocate for the Petitioner : MD. A HUSSAIN

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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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07-03-2022

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Heard Mr. A. Hussain, learned counsel for the petitioners and Mr. S. K. Talukdar, learned Standing counsel, Co-operation Department for the respondent Nos. 1, 2, 3 & 4.

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Petitioners herein are the valid share holders of Nayeralga Samabai Samittee Limited (hereinafter referred to as Society), District-Dhubri stating that the Board of Directors of the said Society was constituted by way of election in the Annual General Meeting (AGM, in short) of the said Society held on 15.05.2017.

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It is stated by the petitioners that the last AGM of the said Society of the said Society was held on 16.09.2019 and that the Board of Directors of the said Society constituted on 15.05.2017 is still managing the said Society without holding any AGM after 16.09.2019 violating the provisions of Sections 39 & 41 (2) of the Assam Co-operative Societies Act, 2007.

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It is also stated by the petitioners that the Board of Directors of the said Society by not holding the AGM of the Society till date have also misappropriated large funds of the said Society and therefore, the shareholders including the petitioners on 21.01.2022 submitted representation before the Registrar of Co-operative Societies, Assam, respondent No. 2 praying for dissolving the existing Board of Directors of said Nayeralga Samabai Samittee Limited and to hold the election/AGM of the said Society through the Departmental Officer or through One Man Committee appointed by it for free and fair election/AGM of the said Society.

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It is also pointed out by the petitioners that on 19.09.2021, the petitioners and other shareholders preferred an appeal before the concerned Departmental Minister, which in turn was forwarded by the concerned Deputy Secretary to the Government of Assam, Co-operation Department to the Registrar of Co-operative Societies, Assam, respondent No. 2.

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Till date, as the said authority has not acted upon the representation of the petitioners dated 21.01.2022 as well as their appeal forwarded by the concerned Deputy Secretary to the Government of Assam, Co-operation Department to him on 07.10.2021, being aggrieved, the petitioners have preferred this writ petition.

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After hearing the learned counsels for the parties and considering the entire aspect of the matter, this writ petition is disposed of at the motion stage itself, directing the Registrar of Cooperative Societies, Assam, respondent No. 2 to dispose of the said appeal dated 19.09.2021 that was preferred by the petitioners and other shareholders before the concerned Departmental Minister forwarded to him by the Deputy Secretary to the Government of Assam, Co-operation Department vide communication Nos. COOP.362/2021/75 dated 07.10.2021 (Annexure-5 to this petition) and vide No. COOP.362/2021/101 dated 30.12.2021 (Annexure-6 to this petition) as well as the representation of the petitioners dated 21.01.2022 (Annexure-7 to this petition) with a reasoned order following the

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due procedure and in accordance with law and the relevant Rules in force within a period of 30 (thirty) days from the date of receipt of a certified copy of this order to be furnished by the petitioners along with the copy of the said appeal dated 19.09.2021 as well as the copy of the representation dated 21.01.2022, noted above, if so required, by giving opportunity of hearing to the petitioners as well as the private respondent Nos. 5 & 6.

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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

Abdur Rezzak Miah and 8 Ors. v. the Govt. of Assam and 5 Ors.

Case brief

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Abdur Rezzak Miah and 8 Ors. v. the Govt. of Assam and 5 Ors.

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