Welkingsing Suting and 115 Ors v. State of Meghalaya and 7 Ors

JUDGMENT AND ORDER (ORAL)

¶1The writ petitioner No.1 is stated to be the Ex-Chairman of the Syntung Integrated Village Cooperative Society Limited and the other petitioners are stated to be members of the Cooperative Society.

¶2The grievance of the writ petitioners is with a Special General Meeting dated 10-01-2022, which they allege was held in their absence and that the signatories in the Special General Meeting, only five members thereof were actual members. The further grievance is that by another impugned order dated 13-01-2022, the resolution taken in the Special General Meeting appointing the new office bearers of the Society was approved. It has also been contended that though a complaint was filed as far back as on 30-11-2022 addressed to the Chief Secretary, no response has been forthcoming.

¶3Mr. R.Majaw, learned counsel for the petitioners in his submissions had tried to impress upon the Court that the provisions of the Meghalaya Cooperative Societies Act had been violated in the manner in which the new members were incorporated and also the lack of credibility of the Special General meeting. However, today also, as on the last date of hearing, submits that at least before the matter is taken forward, the complaint filed by the petitioner and others dated 30-11-2022 be addressed by the respondents.

¶4Mrs. T.Yangi B, learned AAG assisted by Ms. R.Colney, learned GA on behalf of the respondents No. 1-5 in reply has referred to the affidavit filed by the State respondents wherein the complaint filed by the petitioner had been disposed of on 26-05-2023 and the report has been annexed as Annexure-11 to the said affidavit.

¶5At this juncture, Mr. R.Majaw, learned counsel for the petitioners, has raised other objections on the ground that before the said report was made, disposing of the complaint dated 30-11-2022, the petitioners were not given the opportunity of being heard.

¶6This Court on hearing the learned counsel for the parties and on examination of the materials on record notes that with the disposal of the complaint/representation dated 30-11-2022, the same has given rise to a new cause of action to which the petitioners can seek appropriate remedy to assail the same.

¶7Accordingly, at this stage, it is deemed fit that the writ petition be closed giving the petitioner liberty to re-agitate the matter as may be advised.

¶8Matter stands closed and disposed of. Chief Justice (Acting) Date: 2024.09.24 18:19:59 IST

Serial No.24 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C). No. 182 of 2023 Date of Decision : 24.09.2024 1. Shri. Welkingsing Suting. 2. Shri. Riple Dkhar. 3. Shri. Rostingroy Warlarpih. 4. Shri. Borman Dkhar. 5. Shri. Shemphang Dkhar. 6. Shri. Headswin Shadap. 7. Shri. Hoply Dkhar. 8. Shri. Limsing Dkhar. 9. Shri. Hankin Lyngshiang. 10. Shri. Srom Nongrum. 11. Shri. Phriai Dkhar. 12. Shri. Wandalin Nongrum. 13. Shri. Sngewlem Shadap. 14. Shri. Dahunlang Suting. 15. Shri. Kemmon Nongrum. 16. Shri. Medarton Nongrum. 17. Shri. Riehtngen Nongrum. 18. Shri. Solomon Dkhar. 19. Shri. Iadamon Suting. 20. Shri. Baletcy Suting. 21. Shri. Hastarwell Suting. 22. Shri. Deliancy Suting. 23. Shri. Wimtil Mukhim. 24. Shri. Nebel Nongrum. 25. Shri. Prem Nongrum. 26. Shri. Shahslem Dkhar. 27. Shri. Bhalang Pohshna. 28. Shri. Thymmai Lynshiang. 29. Shri. Ribok Pohshna. 30. Shri. Ovelsing Suting. 31. Shri. Tongen Mukhim. 32. Shri. Jngiar Dkhar. 33. Shri. Nobensliar Dkhar. 34. Shri. Stolin Surong. 35. Shri. Kjiamer Suting. 36. Shri. Surong Suting. 37. Shri. Bikos Suting. 38. Shri. Bhom Suting. 39. Shri. Tipsuk Pohshna. 40. Shri. Pyntngenlang Suting. 41. Shri. Riliang Suting. 42. Shri. Tympany Shadap. 43. Shri. Nathan Dkhar. 44. Shri. Kamlang Dkhar. 45. Shri.Shri. Iohbhalin Suting. 46. Shri. Rangli Shadap. 47. Shri. Wandalin Suting. 48. Shri. Relsila Suting. 49. Shri. Latngenlangshisha Suting. 50. Shri. Banlumlang Suting. 51. Shri. Aijingsuk Suting. 52. Shri. Iakitlang Suting. 53. Shri. Daskhem Mukhim. 54. Shri. Deilang Dkhar. 55. Shri. Dailet Dkhar. 56. Shri. Rin Lynshiang. 57. Shri. Kolin Dkhar. 58. Shri. I.Suting. 59. Shri. Spirin Suting. 60. Shri. Bildaris Suting. 61. Shri. Rapboalang Suting. 62. Shri. Mihsalan Pohshna. 63. Shri. Roblin Dkhar. 64. Shri. Hedrin Suting. 65. Shri. Blarmon Mukhim. 66. Shri. Badahun Mukhim. 67. Shri. Siwer Dkhar. 68. Shri. Rishon Dkhar. 69. Smti. Balarisha Suting. 70. Shri. Dalistry Suting. 71. Shri. Klinda Mukhim. 72. Shri. Loisel Dkhar. 73. Shri. Drishon Surong. 74. Shri. Onida Suting. 75. Shri. Twinkle Nongrum. 76. Shri. Demmon Suting. 77. Shri. Thinda Suting. 78. Shri. Bamshem Dkhar. 79. Shri. Seibor Dkhar. 80. Shri. Shimtibaroh Pohshna. 81. Shri. Mom Dkhar. 82. Shri. Wi Dkhar. 83. Shri. Banroilin Shadap. 84. Shri. Donlad Mynsong. 85. Shri. Mi Bon Shadap. 86. Shri. Lasting Shadap. 87. Shri. Minot Lynshiang. 88. Shri. Edency Pohshna. 89. Shri.Ophiwel Pohshna. 90. Shri. Batskhem Shadap. 91. Shri. Longshlur Nongrum. 92. Shri. Pynsngewhun Nongrum. 93. Shri. Nangkyrkhu Nongrum. 94. Shri. Rony Pohshna. 95. Shri. Karinadalia Lynshiang. 96. Shri. Iaraplang Lynshiang. 97. Shri. Riskhem Suting. 98. Shri. Donbor Dkhar. 99. Shri. Phyrnai Dkhar. 100. Shri. Youphika Mynsong. 101. Shri. Blesstar Longshiang. 102. Shri. Phaidien Dkhar. 103. Shri. Bomkhmih Dkhar. 104. Shri. Pliebor Mynsong. 105. Shri. Khlurshai Nongrum. 106. Shri. Riliang Pale. 107. Shri. Larsing Dkhar. 108. Shri. Tympong Pohshna. 109. Shri. Mersila Pohshna. 110. Shri. Pynsuklang Suting. 111. Shri. Pynskhemborlang Suting. 112. Shri. Pynshailang Suting. 113. Shri. Pynkupborlang Suting. 114. Shri. Shahboklang Suting. 115. Shri. Ostin Dkhar. 116. Shri. Atiar Dkhar. …Petitioners -Versus- 1. State of Meghalaya represented by the Chief Secretary Shillong. 2. Registrar of Cooperative Societies, Shillong, East Khasi Hills District, Meghalaya. 3. Assistant Registrar Co-Operative Societies, East Khasi Hills District, Meghalaya. 4. Senior Cooperative Officer, Office of the Assistant Registrar of Cooperative Societies, East Khasi Hills, Shillong. 5. Junior Cooperative Officer, C.E.O, Mawkynrew C&RD Block East Khasi Hills, Shillong. 6. The Syntung Integrated Village Cooperative Society Ltd, Represented by its Chairman Shri. Daloi Lyting. 7. Chairman of the Syntung Integrated Village Co-Operative Society, Represented by its Chairman Shri.Daloi Lyting. 8. Managing Committee Members of the Syntung Integrated Village Co-Operative Society. …Respondents Coram: Hon'ble Mr