Disposed

Board of Directors of Dhubri Wholesale Consumers Co-Operative Stores Ltd., v. the State of Assam and 5 Ors.

Gauhati HC17 Jun 2022WP(C)/3463/2022

Case brief

AI extract

What is this about?

Petitioner challenged a letter recommending Executive Officer appointment due to expired Board term from failure to hold AGM. Court admitted writ petition and granted one week to file application for exemption/extension.

What did the court decide?

Granted a week's time to the petitioner to make proper application for exemption/extension before the Additional Chief Secretary, Cooperation Department, Government of Assam.

Board of Directors of Dhubri Wholesale Consumers… — Cooperative Societies | Gauhati HC (2022)

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GAHC010099132022

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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)/3463/2022

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BOARD OF DIRECTORS OF DHUBRI WHOLESALE CONSUMERS COOPERATIVE STORES LTD.,

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REPRESENTED BY ITS CHAIRMAN, ALI HUSSAIN, AGED ABOUT 69 YEARS, SON OF LATE ZABED ALI SHEIKH, WARD NO. 11, NEAR IDGAH ROAD, P.O., P.S. AND DIST. DHUBRI, ASSAM, PIN- 783301.

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VERSUS

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THE STATE OF ASSAM AND 5 ORS TO BE REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT 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 ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES

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BTC KOKRAJHAR P.O. AND DIST. KOKRAJHAR ASSAM PIN- 783370.

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4:THE DISTRICT DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES DHUBRI P.O. AND DIST. DHUBRI ASSAM PIN- 783301.

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5:THE DEPUTY COMMISSIONER DHUBRI P.O. AND DIST. DHUBRI ASSAM PIN- 783301.

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6:ASSTT. REGISTRAR OF COOPERATIVE SOCIETIES DHUBRI P.O. AND DIST. DHUBRI ASSAM PIN- 783301

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Advocate for the Petitioner : MR. S K DAS

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 17/06/2022

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Heard Mr. R. Karim, learned counsel for the petitioner. Also heard Mr. S.K. Talukdar, learned

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Standing Counsel, Cooperation Department, Assam, appearing on behalf of the respondent nos. 1 to 4 and 6. Mr. J. Handique, learned Government Advocate, Assam, has appeared on behalf of the respondent no. 5.

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The petitioner herein, is the Board of Dhuburi Wholesale Consumer Cooperative Stores Ltd. and has approached this Court by filing the present writ petition assailing the letter dated 20/05/2022 issued by the Assistant Registrar of Cooperative Societies, Dhuburi, inter-alia, recommending appointment of an Executive Officer to run the society on the ground that on its failure to hold the Annual General Meeting (AGM) for 2 (two) consecutive year, the term of the Board has expired by operation of law.

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According to the letter dated 20/05/2022, the extension/exemption granted by the

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Government under Section 130(A) of the Assam cooperative Societies Act, 2007, does not cover the

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case of the petitioner.

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Mr. Talukdar submits that the impugned letter is just a proposal sent to the Government and if the petitioner Society submits proper application praying for further extension/exemption, the same would be considered objectively by the respondent no.1. As such, the writ petition can be disposed of on such count alone.

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Responding to the above, Mr. Karim submits that his clients would make an application but the interim order dated 25/05/2002 passed in this case be continued till such time the prayer made by the petitioner is considered and an order is passed.

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Having heard the submission of learned counsel for both the sides and upon perusal of the materials available on record, I am of the view that this matter need not detain this Court any further. This writ petition is, therefore, disposed of by granting a week’s time to the petitioner to make proper application before the Additional Chief Secretary, Government of Assam, Cooperation Department, seeking exemption/extension as per the mandate of law.

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If the application is filed within seven days from today, the same be considered and disposed of by a reasoned order.

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Until such time, the above exercise is completed, the order dated 25/05/2022 passed in this case shall continue to operate.

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With the above observation, the writ petition stands disposed of.

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JUDGE

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sukhamay

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Comparing Assistant

Board of Directors of Dhubri Wholesale Consumers Co-Operative Stores Ltd., v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Board of Directors of Dhubri Wholesale Consumers Co-Operative Stores 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

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