The petitioner filed a writ petition alleging failure to call a requisition meeting for a no-confidence motion under the Assam Cooperative Societies Act. The court dismissed the petition as it found no evidence of notice being served to the President and no statutory provision treating the Secretary as the President's agent.
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GAHC010003702023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/111/2023
ABDUS SALAM LASKAR
S/O- LT. ISAD ALI LASKAR, R/O- VILL- JAMIRA BAGAN BASTI, P.O. JAMIRA BAZAR, DIST.- HAILAKANDI, ASSAM, PIN- 788162
VERSUS
THE STATE OF ASSAM AND 6 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, COOPERATIVE DEPTT., DISPUR, GHY-6
2:THE REGISTRAR OF COOPERATIVE SOCIETIES ASSAM KHANAPARA GHY-22 3:THE ZONAL JOINT REGISTRAR OF COOPERATIVE SOCIETIES SILCHAR ZONE SILCHAR P.O. SILCHAR DIST.- CACHAR ASSAM PIN- 788001 4:THE ASSTT. REGISTRAR OF COOPERATIVE SOCIETIES HAILAKANDI P.O. AND DIST.- HAILAKANDI ASSAM PIN- 788152 5:THE BOARD OF DIRECTOR JAMIRA SAMABAY SAMITY LTD. JAMIRA
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P.O. JAMIRA BAZAR DIST.- HAILAKANDI ASSAM PIN- 788162 (REP. BY ITS CHAIRMAN) 6:THE SECRETARY JAMIRA SAMABAY SAMITY LTD. JAMIRA P.O. JAMIRA BAZAR DIST.- HAILAKANDI ASSAM PIN- 788162 7:THE NIHAR RANJAN DAS S/O- LT. NARESH DAS VILL- GHARMURA P.O. GHARMURA PT-I DIST.- HAILAKANDI ASSAM PIN- 78816
Advocate for the Petitioner : DR. B AHMED
Advocate for the Respondent : SC, CO OP
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 09-01-2023
Heard Mr. K. Uddin, learned counsel for the petitioner as well as S.K. Talukdar, learned standing counsel for the Cooperation Department. 2. Alleging that despite notice, the President of the Jamira Samabay Samiti Limited had failed to call a requisition meeting to discuss no-confidence motion against him, the present writ petition has been filed under Article 226 of the Constitution of India.
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the request for requisition meeting submitted before the Secretary of the said Panchayat, followed by representations before the Zonal Joint Registrar of Cooperative Societies. However, the requisition meeting as envisaged under section 43 of the Assam Panchayat Act, 1994 was not held.
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accordingly, this writ petition stands dismissed at the motion stage without issuance of notice on the respondents.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether a writ petition challenging failure to hold a requisition meeting for a no-confidence motion has merit without service of notice on the President.
Whether the Secretary of the Gaon Panchayat can be deemed an agent of the President of the Cooperative Society for serving notices under section 43 of the Act.
2 provisions across 2 enactments
Abdus Salam Laskar
State of Assam
Kalyan Rai Surana
As recorded by the court registry
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