Golap Ali and 12 Ors. v. the State of Assam and 7 Ors.
Case brief
What is this about?
In a writ petition challenging an order mandating the dissolution of the Board of Directors and appointment of an officer due to failure to hold AGM/elections, the Gauhati High Court declined to grant interim relief. It directed the petitioners to submit a representation to the State Government seeking exemption under Section 130A of the Assam Cooperative Societies Act, 2007, reasoned that the Gov
What did the court decide?
Petitioners directed to submit representation to the State Government within seven days; Government to consider and pass speaking order within two weeks.
What the court decided
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GAHC010071032022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2574/2022
GOLAP ALI AND 12 ORS. SON OF JONAB ALI RESIDENT OF KONAKATAPARA P.O. - DOLGAON, P.S. DOLGAON, DISTRICT - DARRANG, ASSAM PIN - 784116
2: MALLIKA BEGUM WIFE OF AJGAR ALI RESIDENT OF KHARPURI SAPORI HABI
P.O. - DOLGAON P.S. DOLGAON
DISTRICT - DARRANG ASSAM PIN - 784116
3: NUR HUSSAIN SON OF SAYED JAMAL RESIDENT OF KHARPURI SAPORI HABI
P.O. - DOLGAON P.S. DOLGAON
DISTRICT - DARRANG ASSAM PIN - 784116
4: BABUL HOQUE SON OF NUR ISLAM RESIDENT OF VILL. RUHINIKAH P.O. - DOLGAON P.S. DOLGAON
DISTRICT - DARRANG
Issues for consideration
3 issues framed by the court
Whether the State Government can be directed to grant interim exemption to a cooperative society from the rigours of statutory provisions regarding AGM and elections due to pandemic.
Whether differential treatment meted out to the petitioner society regarding exemption from statutory mandates is arbitrary under the amending Act.
The appropriate course for the Court in a writ petition where the State Government possesses discretionary power to grant exemption under Section 130A of the Act, 2007.
Parties & counsel
- petitioner
GOLAP ALI AND 12 ORS.
- respondent
THE STATE OF ASSAM AND 7 ORS.
Coram
MANISH CHOUDHURY
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · April
- Registered
- Case no.
- WP(C)/2574/2022
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