Disposed

Bogdung Gaon Panchayat Samabay Samity Ltd. and Anr. v. the State of Assam and 15 Ors.

Gauhati HC2 Aug 2022WP(C)/4784/2022

Case brief

AI extract

What is this about?

Writ petition challenging the Deputy Commissioner's order postponing the AGM. Controversy resolved when the Department issued a communication directing the holding of the AGM. Petition disposed of with direction to ARCS to hold AGM expeditiously.

What did the court decide?

Direction to the Assistant Registrar of Cooperative Societies (Respondent no. 5) to take necessary steps for holding the AGM of the petitioner society as expeditiously as possible.

Bogdung Gaon Panchayat Samabay Samity Ltd. and Anr. Vs… — Cooperative Societies | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010145942022

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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)/4784/2022

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BOGDUNG GAON PANCHAYAT SAMABAY SAMITY LTD. AND ANR. A REGISTERED SAMABAY SAMITY, REPRESENTED BY ITS CHAIRMAN SRI MANOJ SONOWAL BURAGADHOI GAON, PIN- 786185, DIBRUGARH DISTRICT, ASSAM

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2: MONOJ SONOWAL S/O- LATE PREMODHAR SONOWAL BURAGADHOI GAON P.O. MULUKGAON P.S. CHABUA PIN- 78685 DIBRUGARH DISTRICT ASSA

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VERSUS

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THE STATE OF ASSAM AND 15 ORS. REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, COOPERATION DEPARTMENT, DISPUR, GUWAHATI-781006.

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2:THE REGISTRAR OF COOPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI-781022 KAMRUP(M) DISTRICT ASSAM

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3:THE DEPUTY COMMISSIONER DIBRUGARH DISTRICT DIBRUGARH-786001.

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4:THE DISTRICT DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES

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Page No.# 2/4

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DIBRUGARH PIN- 786001. 5:THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES DIBRUGARH DIST. DIBRUGARH ASSAM PIN- 786001. 6:THE DEPUTY DIRECTOR (IN-CHARGE) FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DIBRUGARH PIN- 786001 ASSAM 7:THE SENIOR INSPECTOR OF COOPERATIVE SOCIETIES CUM RETURNING OFFICER DIBRUGARH OFFICE OF ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES DIBRUGARH DISTRICT ASSAM PIN- 786001. 8:DIGANTA HAZARIKA S/O- LATE HIREN HAZARIKA R/O- VILL.- BORAGADHAI DIST. DIBRUGARH PIN- 786189. 9:MAHANTA PAIT S/O- ARUNA PAIT R/O- VILL.- DADHIA DIST. DIBRUGARH PIN- 786189. 10:MOJUN NARAH S/O- KRIPA NARAH R/O- VILL.- DADHIA DIST. DIBRUGARH PIN- 786189. 11:NIREN SONOWAL S/O- MOHAN SONOWAL R/O- VILL.- MULUKGAON DIST. DIBRUGARH PIN- 786189.

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12:KIRON SONOWAL S/O- BALEN SONOWAL R/O- VILL.- BORAGADHAI DIST. DIBRUGARH PIN- 786189.

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13:NABIN SONOWAL S/O- SANTOSH SONOWAL R/O- VILL.- BORAGADHAI DIST. DIBRUGARH PIN- 786189.

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14:SUSHIL PEGU S/O- GAHIN PEGU R/O- VILL.- DADHIA SARISUTI DIST. DIBRUGARH PIN- 786189.

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15:BIJU DAS S/O- CHANDALAL DAS R/O- VILL.- MIRIGAON DIST. DIBRUGARH PIN- 786189.

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16:NIBARON SONOWAL S/O- PHULESWAL SONOWAL R/O- VILL.- BORAGADHAI DIST. DIBRUGARH PIN- 786189

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Advocate for the Petitioner : MRS. U BARUAH

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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 : 02/08/2022

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Heard Mrs. U. Baruah, learned senior counsel assisted by Mr. S. Khound, learned counsel for the writ petitioners. Also heard Mr. G. Bordoloi, learned Standing Counsel, Cooperation Department, Assam and Ms. M. Barman, learned Government Advocate, Assam, appearing for the official

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respondents.

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Aggrieved by the postponement of the AGM of the petitioner society as per the instruction of the Deputy Commissioner, Dibrugarh i.e. the respondent no. 3, the instant writ petition was filed, inter-alia contending that the respondent no. 3 does not have any authority or jurisdiction to issue such a direction to the respondent no. 5 to postpone the AGM.

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During the pendency of the writ petition, the learned Standing Counsel, Cooperation Department, Assam, was asked to obtain instruction as to the stand of the department in the matter. Today, when the writ petition was taken up, Mr. G. Bordoloi, learned Standing Counsel, Cooperation Department, Assam, has produced a copy of the communication dated 28/07/2022, issued by the Joint Registrar of Cooperative Societies (G), Assam, instructing the Assistant Registrar of Cooperative Societies, Dibrugarh, to take steps for holding the AGM/election of the Bogdung SS Ltd. i.e. the petitioner society.

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If that be so I am of the view that the core controversy involved in the present writ petition stands resolved.

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Therefore, with the consent of learned counsel for both the parties, I dispose of the writ petition by providing that the concerned ARCS viz. the respondent no. 5 to take necessary steps for holding the AGM of the writ petitioner ssociety as expeditiously as possible and in accordance with the provisions of law.

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The writ petition stands disposed of accordingly.

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JUDGE

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sukhamay

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Comparing Assistant

Bogdung Gaon Panchayat Samabay Samity Ltd. and Anr. v. the State of Assam and 15 Ors.

Case brief

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Bogdung Gaon Panchayat Samabay Samity Ltd. and Anr. v. the State of Assam and 15 Ors.

Case brief

What is this about?

What did the court decide?

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