Allowed

Aminul Islam Khan and 2 Ors. v. the State of Assam and 5 Ors.

Gauhati HC1 Sept 2022WP(C)/4364/2022

Case brief

AI extract

What is this about?

On the expiration of the Board of Directors' term of a cooperative society, the Gauhati High Court directed the Registrar to appoint a one-man committee within seven days. The Committee must hold an AGM/election within 90 days and allow the incumbent Board to participate.

What did the court decide?

Directed Respondent No. 3 to appoint a one-man committee within 07 days to run society affairs and ensure AGM/election within 90 days.

Aminul Islam Khan and 2 Ors. Vs the State of Assam and… — Cooperative Societies | Gauhati HC (2022)

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Page No.# 1/5

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GAHC010156452022

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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)/5269/2022

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THE BOARD OF DIRECTORS (BOD) OF AZAD GPSS LTD. AND ANR. BARPETA, REPRESENTED BY ITS CHAIRMAN SARBESH KHAN.

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2: SARBESH KHAN S/O LATE ROMJAN KHAN

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VILL.- PALHAZI

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P.O. AND P.S.- PALHAZI DIST.- BARPETA ASSAM

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VERSUS

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THE STATE OF ASSAM AND 4 ORS.

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REP. BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM, CO-OPERATION DEPTT., DISPUR, GHY.

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2:THE SECRETARY TO THE GOVERNMENT OF ASSAM CO-OPERATION DEPARTMENT DISPUR GUWAHATI- 6.

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3:THE REGISTRAR CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI- 781022.

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4:THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES BARPETA.

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5:THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES BARPETA

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Page No.# 2/5

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Advocate for the Petitioner : MR. J M A CHOUDHURY

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Advocate for the Respondent : SC, CO OP

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Linked Case : WP(C)/4364/2022

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AMINUL ISLAM KHAN AND 2 ORS S/O SIRAJUL ISLAM KHAN R/O VILL AND P.O.-PALHAJI DIST-BARPETA ASSAM 2: ICHARAT KHAN S/O BIRAM KHAN R/O VILL AND P.O.-PALHAJI DIST-BARPETA ASSAM 3: NURUL AMIN KHAN S/O NANDU KHAN R/O VILL AND P.O.-PALHAJI DIST-BARPETA ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM COOPERATION DEPARTMENT DISPUR GUWAHATI-6 2:THE REGISTRAR OF COOPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI-22 3:THE ZONAL JOINT REGISTRAR OF COOPERATIVE SOCIETIES GUWAHATI ZONE BHANGAGARH GUWAHATI-5 4:THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES P.O. AND DIST-BARPETA

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Page No.# 3/5

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ASSAM PIN-781301 5:THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES BARPETA P.O. AND DIST-BARPETA ASSAM PIN-781301 6:THE BOARD OF DIRECTORS OF AZAD SAMABAY SAMITY OF BARPETA DISTRICT VILL AND P.O.-PALHAJI DIST- BARPETA ASSAM (TO BE REPRESENTED BY ITS CHAIRMAN) PIN-----------Advocate for : DR. B AHMED Advocate for : SC CO OP appearing for THE STATE OF ASSAM AND 5 ORS

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 01-09-2022

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Heard Mr. J.M.A. Choudhury, learned counsel for the petitioner in W.P.(C) No. 5269/2022 and Mr. B. Haque, learned counsel for the petitioner in W.P.(C) No. 4364/2022. I have also heard Mr. S.K. Talukdar, learned standing counsel, Cooperation Department,

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Assam as well as Ms. M. Barman, learned Govt. Advocate, Assam appearing for the official respondents.

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Both these writ petitions have been filed by the same petitioner. Since the grievance expressed in the writ petitions are identical in nature and are connected with one another, hence, I propose to dispose of these writ petitions by this common order.

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The Board of Directors (BoD) of the petitioner Society was elected on 03-06-2017

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Page No.# 4/5

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for a period of 05 years and the terms of the Board had expired on 02-06-2022. However, due to various factors such as the outbreak of Covid-19 pandemic, the Board could not hold the AGM/ election of the Society. Apprehending adverse action leading to dissolution of the Board, the petitioner had approached this Court by filing W.P.(C) No. 2056/2022 wherein, by order dated 22-03-2022, the learned Single Judge had passed an interim order restraining any coercive action against the Board of the petitioners’ Cooperative Society. On the strength of the interim order dated 22-03-2022, the petitioners are continuing in the management of the Cooperative Society till today, although the term of the Board had admittedly expired on 02-06-2022.

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The learned counsel for the petitioners have submitted, in their usual fairness, that at this stage, the petitioners are only seeking a direction upon the respondents to hold the election/ AGM of the Society at the earliest and allow the petitioners to participate in the AGM/ election.

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By referring to the order dated 20-04-2022, issued by the District Deputy Registrar of Cooperative Societies, Barpeta, the learned counsel for the petitioners have submitted that unless an order is passed by this Court to that effect, no further action would be initiated in the matter.

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Responding to the above, Mr. S.K. Talukdar, learned standing counsel, Cooperation Department, Assam submits that if Court grants leave to the Department, an one man committee under Section 41(6) of the Assam Cooperative Societies Act, 2007 will be appointed forthwith and the election/AGM of the Society will also be held within a period of 90 days thereafter.

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Page No.# 5/5

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Taking note of the submission of learned counsel for both sides and in view of the limited nature of grievance expressed in these writ petitions, I dispose of both these writ petitions be providing that within a period of 07 days from today the respondent No. 3 shall ensure that an one man committee is appointed in accordance with law, so as to run the affairs of the petitioners’ Cooperative Society. The one man committee so appointed, shall take all necessary steps to ensure that the AGM/ election of the Society is held within a period of 90 days from today, without any failure.

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The present Board of Directors represented by the writ petitioners shall be allowed to participate in the election.

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With the above direction, these writ petitions stand disposed of.

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JUDGE

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Comparing Assistant

Aminul Islam Khan and 2 Ors. v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Aminul Islam Khan and 2 Ors. v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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