Ajit Basumatary Vs the State of Assam and othrs

BTC ASSAM 6:THE ASSISTANT RETURNING OFFICER DAKHIN BIJNI SS LTD CO ARCS KOKRAJHAR PO AND PS KOKRAJHAR BTC ASSAM PIN 783370 7:THE DAKHIN BIJNI SS LTD REPRESENTED BY THE SECRETARY OF DAKHIN BIJNI SS LTD RO DAKHIN BIJNI PO DAKHIN BIJNI PS MANIKPUR DIST BONGAIGAON ASSAM PIN 783390 8:JITU MONI DAS SENIOR INSPECTOR/AUDITOR OF CO OPERATIVE SOCIETIES CO ARCS KOKRAJHAR PO AND PS KOKRAJHAR DIST KOKRAJHAR BTC ASSA

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Advocate for the Petitioner : MR A ALIM SK, MR. A W MONDAL,MS. N NASRIN,MR. M U MONDAL

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Advocate for the Respondent : SC, CO OP, SC, BTC

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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06.02.2026

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Heard Mr. MU Mondal, learned counsel for the petitioner. Also heard Mr. SK

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Talukdar, learned Standing Counsel, Cooperative Societies and Ms. B Bhuyan,

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learned Senior Standing Counsel assisted by Ms. P Kashyap, learned counsel for the BTC and Ms. M Barman, learned State Counsel, Assam for the respondent no.2.

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The grievance of the petitioner before this Court is that by order dated 11.11.2025 issued by the Returning Officer of the Dakhin Bijni Samabai Samiti Limited where the petitioner along with 8 (eight) numbers of other members were declared uncontested elected as members of the Board of Directors of the said Samiti Limited. Thereafter, Annual General Meeting (AGM) was held on 19.11.2025 but due to lack of quorum, the Annual General Meeting was postponed but the Additional Registrar of Co-operative Societies, BTC invoked the provision under Section 34 of the Assam Cooperative Societies Act, 2007 and dissolved the Board of Directors. Being aggrieved, the present writ petition has been filed.

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When the matter was come to be considered before this Court, the provisions of Section 111 of the Assam Cooperative Societies Act, 2007 was referred to by the learned Standing Counsel, Cooperative Societies, who submits that there is an appeal in provision against the order passed by the Societies Registrar and the appeal ordinarily lie with the Registrar. However, in view of the Government Notification dated 28.04.2017, the Governor of Assam has

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delegated the powers of the Appellate Authority under the Section 111 of the Assam Cooperative Societies Act, 2007 to the Additional Registrar of the Cooperative Societies, BTC, Kokrajhar. The effect of this notification is that the Additional Registrar of the Cooperative Societies, who had passed the impugned order dated 26.11.2025, has also been delegated the powers to act as an Appellate Authority, meaning thereby that the appeal against any order passed by the Additional Registrar in Cooperative Societies in respect of the BTC will again lie before the said authority.

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It is under such circumstances, learned counsel for the petitioner submits

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that since there is no Appellate Authority the writ petition has been filed.

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Section 111 of the Act, 2007 upon being carefully perused reveals that under Section 111(3) of the Act, 2007, there is a provision of filing an appeal against the order of the Registrar within 60 (sixty) days from the date of communication of such an order before the State Government. Therefore, under such circumstances, it cannot be said that there is statutory remedy still available to the writ petitioner to file necessary appeal against the impugned order dated 26.11.2025 assailing in the present writ petition.

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According to Mr. SK Talukdar, learned Standing Counsel, Cooperative Societies, an appeal would normally lie before the State Government, which is

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represented by the Principal Secretary, Cooperative Societies.

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Ms. B Bhuyan, learned Senior Standing Counsel, BTC submits that as per the instructions received, the powers in respect of the BTC has been allotted to the Secretary, BTC. However, she is unable to place any specific order or notification to that effect.

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Be that as it may, this writ petition at this stage can be closed granting liberty to the writ petitioner to file an appeal in terms of Section 111 of the Assam Cooperative Societies Act, 2007 before the State Government represented by the Principal Secretary, Cooperative Societies. If the Principal Secretary, Cooperative Societies upon an appeal being filed before him is of the view that the powers has been delegated to the Secretary, BTC by way of any specific orders then the same appeal shall be forwarded to the Secretary, BTC for deciding and passing appropriate orders thereof. Since the petitioner has already filed an appeal dated 04.12.2025 before the Registrar of the Cooperative Societies, the said appeal be transmitted to the Office of the Principal Secretary, Cooperative Societies along with a copy of this order within a period of 10 (ten) days from the date of receipt of the certified copy of this order.

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Writ Petition accordingly stands disposed of in terms of the above.

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06.02.2026

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Page No.# 6/9

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Heard Mr. MU Mondal, learned counsel for the petitioner. Also heard Mr. SK Talukdar, learned Standing Counsel, Cooperative Societies and Ms. B Bhuyan, learned Senior Standing Counsel assisted by Ms. P Kashyap, learned counsel for the BTC and Ms. M Barman, learned State Counsel, Assam for the respondent no.2.

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The grievance of the petitioner before this Court is that by order dated 11.11.2025 issued by the Returning Officer of the Dakhin Bijni Samabai Samiti Limited where the petitioner along with 8 (eight) numbers of other members were declared uncontested elected as members of the Board of Directors of the said Samiti Limited. Thereafter, Annual General Meeting (AGM) was held on 19.11.2025 but due to lack of quorum, the Annual General Meeting was postponed but the Additional Registrar of Co-operative Societies, BTC invoked the provision under Section 34 of the Assam Cooperative Societies Act, 2007 and dissolved the Board of Directors. Being aggrieved, the present writ petition has been filed.

¶42

When the matter was come to be considered before this Court, the provisions of Section 111 of the Assam Cooperative Societies Act, 2007 was referred to by the learned Standing Counsel, Cooperative Societies, who submits that there is an appeal in provision against the order passed by the Societies

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Page No.# 7/9

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Registrar and the appeal ordinarily lie with the Registrar. However, in view of the Government Notification dated 28.04.2017, the Governor of Assam has delegated the powers of the Appellate Authority under the Section 111 of the Assam Cooperative Societies Act, 2007 to the Additional Registrar of the Cooperative Societies, BTC, Kokrajhar. The effect of this notification is that the Additional Registrar of the Cooperative Societies, who had passed the impugned order dated 26.11.2025, has also been delegated the powers to act as an Appellate Authority, meaning thereby that the appeal against any order passed by the Additional Registrar in Cooperative Societies in respect of the BTC will again lie before the said authority.

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It is under such circumstances, learned counsel for the petitioner submits

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that since there is no Appellate Authority the writ petition has been filed.

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Section 111 of the Act, 2007 upon being carefully perused reveals that under Section 111(3) of the Act, 2007, there is a provision of filing an appeal against the order of the Registrar within 60 (sixty) days from the date of communication of such an order before the State Government. Therefore, under such circumstances, it cannot be said that there is statutory remedy still available to the writ petitioner to file necessary appeal against the impugned order dated 26.11.2025 assailing in the present writ petition.

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According to Mr. SK Talukdar, learned Standing Counsel, Cooperative

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Societies, an appeal would normally lie before the State Government, which is represented by the Principal Secretary, Cooperative Societies.

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Ms. B Bhuyan, learned Senior Standing Counsel, BTC submits that as per

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the instructions received, the powers in respect of the BTC has been allotted to

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the Secretary, BTC. However, she is unable to place any specific order or notification to that effect.

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Be that as it may, this writ petition at this stage can be closed granting liberty to the writ petitioner to file an appeal in terms of Section 111 of the Assam Cooperative Societies Act, 2007 before the State Government represented by the Principal Secretary, Cooperative Societies. If the Principal Secretary, Cooperative Societies upon an appeal being filed before him is of the view that the powers has been delegated to the Secretary, BTC by way of any specific orders then the same appeal shall be forwarded to the Secretary, BTC for deciding and passing appropriate orders thereof. Since the petitioner has already filed an appeal dated 04.12.2025 before the Registrar of the Cooperative Societies, the said appeal be transmitted to the Office of the Principal Secretary, Cooperative Societies along with a copy of this order within a period of 10 (ten) days from the date of receipt of the certified copy of this order.

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Writ Petition accordingly stands disposed of in terms of the above.

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JUDGE

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Comparing Assistant

Ajit Basumatary v. the State of Assam and othrs

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Ajit Basumatary v. the State of Assam and othrs

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