Disposed

The Fakiragram Samabai Samiti Ltd. and 2 Ors. v. the State of Assam and 18 Ors.

Gauhati HC9 Jan 2023WP(C)/76/2023

Case brief

AI extract

What is this about?

Writ petition regarding non-issuance of elected certificate to directors of a cooperative society. Court extended election term but directed parties to settle future usage pending final certificate.

What did the court decide?

Writ closed; liberty given to apply for modification; direction to register authority to consider claim for certificate within ten days.

The Fakiragram Samabai Samiti Ltd. and 2 Ors. Vs the… — Cooperative Societies | Gauhati HC (2023)

¶1

Page No.# 1/8

¶2

GAHC010001592023

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : WP(C)/76/2023

¶5

THE FAKIRAGRAM SAMABAI SAMITI LTD. AND 2 ORS REPRESENTED BY DIPAK MAJUMDAR, CHAIRMAN OF THE SOCIETY, P.O- FAKIRAGRAM, P.S.- FAKIRAGRAM, DIST.- KOKRAJHAR, BTC, ASSAM.

¶6

2: DIPAK MAJUMDAR SON OF LATE MADHU SUDHAN MAJUMDAR

¶7

VILLAGE- POCHAGAON

¶8

UNDER FAKIRAGRAM POLICE STATION

¶9

DIST- KOKRAJHAR BTAD ASSAM

¶10

PIN- 783345.

¶11

3: JALAL UDDIN AHMED SON OF LATE SOBAHAN ALI SHEIKH

¶12

VILLAGE- PAKHRIRTOAL

¶13

UNDER FAKIRAGRAM POLICE STATION

¶14

DIST- KOKRAJHAR BTAD ASSAM

¶15

PIN- 783345 VERSUS

¶16

Page No.# 2/8

¶17

THE STATE OF ASSAM AND 18 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, CO-OPERATION DEPARTMENT, GOVT. OF ASSAM, DISPUR, GUWAHATI-6. 2:THE BODOLAND TERRITORIAL COUNCIL REPRESENTED BY THE PRINCIPAL SECRETARY BTC KOKRAJHAR ASSAM. 3:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI- 22. 4:THE ADDITIONAL REGISTRAR CO-OPERATIVE SOCIETIES KOKRAJHAR DISTRICT BTAD ASSAM. 5:THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES KOKRAJHAR DISTRICT BTAD ASSAM.

¶18

6:THE RETURNING OFFICER

¶19

DEPUTED FOR ELECTION IN THE YEAR 2018 FOR FAKIRAGRAM S.S. LTD. KOKRAJHAR BTAD ASSAM. 7:THE SECRETARY FAKIRAGRAM S.S. LTD. KOKRAJHAR BTAD ASSAM.

¶20

8:CHINI RAM DAS SON OF LATE LALMOHAN DAS

Page No.# 3/8

VILL- DHPERTAL

P.O.- FAKIRAGRAM

DIST.- KOKRAJHAR BTAD ASSAM PIN- 783345.

¶25

9:ALAUDDIN SHEIKH SON OF MOFAJUL HUSSAIN

¶26

VILLAGE- KASHIMARI

¶27

P.O.- FAKIRAGRAM

¶28

DIST.- KOKRAJHAR BTAD ASSAM PIN- 783345.

¶29

10:ZAKIR HUSSAIN SON OF LT. SABID ALI

¶30

VILL.- PAKHIRTAL

¶31

P.O.- FAKIRAGRAM

¶32

DIST.- KOKRAJHAR BTAD ASSAM PIN- 783345.

¶33

11:SANTA MANDAL SON OF SURESH MANDAL

¶34

VILLAGE- RABHAPARA

¶35

P.O.- FAKIRAGRAM

¶36

DIST.- KOKRAJHAR BTAD ASSAM

¶37

PIN- 783345.

¶38

Page No.# 4/8

¶39

12:RITU SEAL SON OF GAUR SEAL

¶40

VILLAGE- PACHAGARH

¶41

P.O.- FAKIRAGRAM

¶42

DIST.- KOKRAJHAR BTAD ASSAM PIN- 783345.

¶43

13:CHANDRIKA PRASHAD NATH SON OF LT. SHASHI MOHAN NATH

¶44

VILL- DINGAON

¶45

P.O.- FAKIRAGRAM

¶46

DIST.- KOKRAJHAR BTAD ASSAM

¶47

PIN- 783345.

¶48

14:AJAY KR. NAG SON OF KESHARI MOHAN NAG

¶49

VILL. AND P.O.- FAKIRAGRAM

¶50

DIST.- KOKRAJHAR BTAD ASSAM

¶51

PIN- 783345.

¶52

15:ABDUL ALIM SON OF LT. ABDUL HAMID

¶53

VILL- KALJHAR

¶54

P.O.- FAKIRAGRAM

¶55

DIST.- KOKRAJHAR BTAD ASSAM

¶56

Page No.# 5/8

¶57

PIN- 783345.

¶58

16:MATIYAR RAHMAN SON OF MEHER ALI

¶59

VILL- PAKHIRTAL

¶60

P.O.- FAKIRAGRAM

¶61

DIST.- KOKRAJHAR BTAD ASSAM

¶62

PIN- 783345.

¶63

17:ATUL CHANDRA BARMAN SON OF BHEDANG BARMAN

¶64

VILL- BHUBAN NAGAR

¶65

P.O.- PRATAP KHATA P.S. - FAKIRAGRAM

¶66

DIST.- KOKRAJHAR BTAD ASSAM PIN- 783337.

¶67

18:ANOWAR HUSSAIN SON OF LT. JOYNULLAH SK

¶68

VILL- KOKAITARY

¶69

P.O.- FAKIRAGRAM P.S.- FAKIRAGRAM

¶70

DIST.- KOKRAJHAR BTAD ASSAM PIN- 783345.

¶71

19:RAHIMUDDIN SK. SON OF HABEJUDDIN SK.

¶72

Page No.# 6/8

¶73

VILL- KHARIDAR SANDLA

¶74

P.O.- FAKIRAGRAM P.S.- FAKIRAGRAM

¶75

DIST.- KOKRAJHAR BTAD ASSAM

¶76

PIN- 783345

¶77

Advocate for the Petitioner : MR. M U MAHMUD

¶78

Advocate for the Respondent : SC, CO OP

¶79

BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

¶80

ORDER

¶81

Date : 09-01-2023

¶82

Heard Mr. M.U. Mahmud, learned counsel for the petitioners as well as Mr. S.K. Talukdar, learned standing counsel for the Cooperation Department for the respondent nos.1, 3, 4, 5 and 6 and Ms. R.B. Bora, learned standing counsel for the BTC.

¶83

By this writ petition under Article 226 of the Constitution of India, the case projected by the petitioners is that they were elected as Directors of Fakiragram Samabay Samiti Ltd. for the year 2018-2023 but they were not provided with the required ‘elected’ certificate by the respondent no.4 i.e. the Additional Registrar of Cooperative Societies, Kokrajhar allegedly due to the intervention made by the Registrar of Cooperative Societies, Assam (respondent no.3). Moreover, by the impugned order dated 17.04.2018 (Annexure-7), the Additional Registrar of Cooperative Societies, Kokrajhar had issued a direction

¶84

Page No.# 7/8

¶85

upon the Returning Officer to take necessary action and to complete the election process of the Society as per nomination papers declared valid by him on 12.04.2018.

¶86

The learned standing counsel for the Cooperation Department has submitted that the present petition is vitiated by delay and latches as the impugned order of 17.04.2018 has been assailed belatedly. It is submitted that the challenge of such nature ought not to be entertained because the petitioners are seeking their right as elected members for the next 5 years which is not permissible under the provision of Assam Cooperative Societies Act, 2007, as the tenure of the elected body would be from the year 2018-2023. Therefore, it is submitted that ordinarily the tenure of the petitioners, if declared elected would be valid till 31.03.2023.

¶87

Be that as it may, the petitioners claim that they are elected for the term 2018-2023. We have taken the note of the submission made by the learned standing counsel for the Cooperation Department that the tenure of the petitioners would have expired on 31.03.2023. Therefore, the Court is of the considered opinion that instead of keeping the matter pending, ends of justice would be served to direct the petitioners to submit a representation before the Registrar of Cooperative Societies (respondent no.3) for issuance of ‘elected’ certificate as Director of Fakiragram Samabay Samiti Ltd. for the term 20182023.

¶88

Accordingly, the writ petition is closed with liberty to the petitioner to submit a representation before the Registrar of Cooperative

¶89

Page No.# 8/8

¶90

Societies, Assam (respondent no.3) within a period of 10(ten) days from the date of receipt of certified copy of the order and upon receipt of such representation the respondent no.3 shall consider the claim of the petitioners of being elected Directors of Fakiragram Samabay Samiti for period of 2018 to 31.03.2023 and take an appropriate decision thereon.

¶91

It is further provided that if the petitioners are found entitled to be declared as elected Board members of the said Society, it would be open to the respondent no.3 to allow the petitioners to take charge as Directors of Fakiragram Samabay Samity Ltd. till the end of their normal tenure ending on 31.03.2023, and not beyond.

¶92

As this writ petition has been disposed of at the motion stage without issuance of notice on the respondents, liberty is given to anyone aggrieved to apply before this Court for modification of this order.

¶93

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

¶94

JUDGE

¶95

Comparing Assistant

The Fakiragram Samabai Samiti Ltd. and 2 Ors. v. the State of Assam and 18 Ors.

Case brief

What is this about?

What did the court decide?

The Fakiragram Samabai Samiti Ltd. and 2 Ors. v. the State of Assam and 18 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Azizul Hoque Vs the State of Assam and 6 Ors.

Rabia Begum and 4 Ors. Vs the State of Assam and 5 Ors.

M/S Schlumberger Solutions Private Limited Vs Oil India Ltd. and 3 Ors.

Kabon Engtipi Vs the State of Assam and 4 Ors.

Abdus Salam Laskar Vs the State of Assam and 6 Ors.

Namita Dutta Vs the State of Assam and 3 Ors.