Disposed

Kabijul Ali Laskar and 3 Ors. v. the State of Assam and 15 Ors.

Gauhati HC17 Mar 2023WP(C)/1529/2023

Case brief

AI extract

What is this about?

In a writ challenge to the disqualification of candidates under the Assam Cooperative Societies Act, 2007, the Gauhati High Court held that election matters cannot be interfered with at this stage as an efficacious remedy exists under Rule 27 of the Election Rules.

What did the court decide?

Writ petition disposed of with liberty to approach the appropriate forum under Rule 27 of the Assam Cooperative Societies' Election Rules, 2019.

Kabijul Ali Laskar and 3 Ors. Vs the State of Assam and 15 Ors. — Election Law | Gauhati HC (2023)

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Page No.# 1/6

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GAHC010059052023

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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)/1529/2023

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KABIJUL ALI LASKAR AND 3 ORS S/O- MAKRAM ALI LASKAR, RESIDENT OF VILL. SAYDPUR PART-I, P.S.- SILCHAR SADAR, DIST.- CACHAR, ASSAM.

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2: JARUK AHMED CHOUDHURY S/O- JOHURUDDIN CHOUDHURY

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RESIDENT OF VILL.- UTTAR KRISHNAPUR PT-I

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P.S.- SILCHAR SADAR DIST.- CACHAR ASSAM. 3: BANGSHIDHAR GOALA S/O- RAM DHARI GOALA

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RESIDENT OF VILL. AMBIKAPUR PART- XI

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P.S.- SILCHAR SADAR DIST.- CACHAR ASSAM.

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4: SUKKUR ALI LASKAR S/O- ABDUL NOOR LASKAR

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RESIDENT OF VILL. AMBIKAPUR PART-VI P.S.- SILCHAR DIST.- CACHAR ASSAM VERSUS

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THE STATE OF ASSAM AND 15 ORS

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, COOPERATION DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE REGISTRAR OF COOPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI- 781022. 3:THE ADDITIONAL REGISTRAR OF COOPERATIVE SOCIETIES ASSAM KHANAPARA GHY- 781022. 4:THE ZONAL JOINT REGISTRAR OF COOPERATIVE SOCIEITIES SILCHAR ZONE SILCHAR CACHAR ASSAM PIN- 788001.

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5:THE ASSISTANT REGISTRAR OF COOPERATIVE SOICIETIES SILCHAR ASSAM P.O.- SILCHAR DIST.- CACHAR ASSAM. PIN- 788001. 6:THE MEMBER KRISHNAPUR COOP. SOCIEITY LTD. REPRESENTED BY ITS SECRETARY

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P.O.- SILCHAR DIST.- CACHAR ASSAM PIN- 788001. 7:AMRIT GOALA S/O- LATE RAMPRABASH GOALA RESIDENT OF VILL. ATAL BOSTI

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P.O.- UTTAR KRISHNAPUR

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P.S.- SILCHAR DIST.- CACHAR ASSAM PIN- 788001.

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8:ABU DAS S/O- LATE GIRIMOHAN DAS

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RESIDENT OF VILL.- UTTAR KRISHNAPUR PART-III

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P.O.- UTTAR KRISHNAPUR

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P.S.- SILCHAR DIST.- CACHAR

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ASSAM PIN- 788001.

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9:KRITIBAS CHASA S/O- LATE JAGADEB CHASA

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RESIDENT OF VILL. UTTAR KRISHNAPUR PART-II

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P.O.- UTTAR KRISHNAPUR P.S.- SILCHAR DIST.- CACHAR ASSAM PIN- 788001.

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10:JALAL UDDIN LASKAR S/O- LATE GOLAM AKBOR LASKAR

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RESIDENT OF VILL. AMBIKAPIR PART-VI

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P.O.- UTTAR KRISHNAPUR

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P.S.- SILCHAR DIST.- CACHAR

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ASSAM PIN- 788001. 11:FARUQUE AHMED LASKAR S/O- LATE KAMARU AHMED LASKAR RESIDENT OF VILL. UTTAR KRISHNAPUR PART-II

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P.O.- UTTAR KRISHNAPUR P.S.- SILCHAR

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DIST.- CACHAR

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ASSAM PIN- 788001. 12:SALIM UDDIN BARBHUIYA S/O- LATE MASAID ALI BARBHUIYA RESIDENT OF VILL. UTTAR KRISHNAPUR PART-II P.O.- UTTAR KRISHNAPUR P.S.- SILCHAR DIST.- CACHAR ASSAM PIN- 788001. 13:AYUB UDDIN LASKAR S/O- LATE KALAMONI LASKAR

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RESIDENT OF VILL. UTTAR KRISHNAPUR PART-II

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P.O.- UTTAR KRISHNAPUR P.S.- SILCHAR DIST.- CACHAR ASSAM PIN- 788001. 14:ABUL KALAM LASKAR S/O- LATE SAMSUDDIN LASKAR

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RESIDENT OF VILL. UTTAR KRISHNAPUR PART-II

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P.O.- UTTAR KRISHNAPUR P.S.- SILCHAR DIST.- CACHAR ASSAM PIN- 788001. 15:HARIS ALI MAZUMDAR S/O- LATE SABER ALI MAZUMDAR

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RESIDENT OF VILL. SAIDPUR PART-I

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P.O.- UTTAR KRISHNAPUR P.S.- SILCHAR DIST.- CACHAR ASSAM PIN- 788001. 16:IMRANA AHMED MAZUMDAR S/O. FAISUL AHMED MAZUMDAR

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RESIDENT OF VILL. UTTAR KRISHNAPUR PART-II

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P.O.- UTTAR KRISHNAPUR P.S.- SILCHAR DIST.- CACHAR ASSAM PIN- 788001

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Advocate for the Petitioner : MR. M KHAN

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Advocate for the Respondent : SC, CO OP

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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17.03.2023

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Heard Shri M Khan, learned counsel for the petitioners, who are four in numbers and are aggrieved by the disqualification of the erstwhile Directors by the operation of law, namely, Section 40 (4) (a) of the Assam Cooperative Societies Act, 2007.

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Shri Khan, learned counsel for the petitioners submits that in spite of legal bar, the said persons, who have been arrayed as respondent nos. 7 to 16 have been allowed to contest in the elections.

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On the other hand, Shri SK Talukdar, learned Standing Counsel, Cooperation Department has submitted that the writ petition itself is not maintainable in view of

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the fact that the original date for AGM-cum-Election was scheduled on 11.03.2023 on which date, due to some issue with the quorum, the same had to be deferred and rescheduled on 18.03.2023. He further submits that the writ petition has been filed after such deferment which does not reflect bona fide on the part of the petitioners. He further submits that under Rule 27 of the Assam Cooperative Societies’ Election Rules, 2019 (Election Rules), the remedy is available to challenge the candidature or otherwise of any candidates and that remedy can be availed by the petitioners in case of any genuine grievance.

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After hearing the parties and on perusal of the records, this Court is of the view that election cannot be interfered with at this stage, as prayed, as efficacious remedy is available to the petitioners under Rule 27 of the Election Rules, as mentioned above. Even giving the benefit of doubt to the petitioners that they have a genuine case to be adjudicated, they can take recourse to the aforesaid provision of law.

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In view of the above, the writ petition is disposed of by giving liberty to the petitioners to approach the appropriate forum by taking recourse to Rule 27 of the Election Rules.

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JUDGE

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Comparing Assistant

Kabijul Ali Laskar and 3 Ors. v. the State of Assam and 15 Ors.

Case brief

What is this about?

What did the court decide?

Kabijul Ali Laskar and 3 Ors. v. the State of Assam and 15 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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