Mokbul Hossain and 9 Ors v. The State of Assam and 6 Ors

ORDER Date : 19-04-2024 (Vijay Bishnoi, CJ)

This intra-court appeal is filed by the appellants being aggrieved with the order dated 05-02-2024 passed by the learned Single Judge in W.P.(C) No. 548/2024 whereby Page No.# 4/5 while issuing notice to the respondents in the aforesaid writ petition, the learned Single Judge had refused to pass any interim order to allow the appellants to contest the election for the post of Director of the Madhusoulmari Samabai Samity Ltd. in the Annual General Meeting (AGM) fixed on 08-02-2024.

¶2The learned Single Judge has observed that it is not the case of the appellants that they have fulfilled the condition of attending at least two AGMs of the Society in the previous five years. It has also been observed by the learned Single Judge that taking into consideration of the said fact, in the event the prayer of the appellants, in the form of interim relief is granted to contest in the election, to the Board of Directors of the Society despite the restriction under Sub-Section [2] of Section 40 of the Assam Cooperative Societies Act, 2007 would amount to an order in violation of the statutory prescription contained therein. The learned Single Judge was of the view that no mandamus lies for issuing directions to act contrary to a statutory provision and any such directions may result in destruction of rule of law.

¶3Having heard the learned counsel for the appellants as well as the counsel for the respondents, we do not find any illegality in the impugned order passed by the learned Single Judge as it is settled that no mandamus can be issued in violation of the statutory provisions. In such circumstances, we do not find any case for interference with the order of the learned Single Judge.

¶4Writ appeal is dismissed.

¶5However, taking into consideration the issue involved in the writ petition, we Page No.# 5/5 request the learned Single Judge to decide the writ petition expeditiously. The interim order passed by this Court vide order dated 07-02-2024 is hereby vacated.

JUDGE CHIEF JUSTICE GS Comparing Assistant

PageoNo.#o1/5 GAHC010026142024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/41/2024o MOKBULoHOSSAINoANDo9oORSo S/OoLATEoJHOSMAToALIoSK.,oR/OoVILL-oROWAoPT-IIIo(SIMLAKANDI),oP.O.- TIAMARI,oDIST-DHUBRI,oASSAM 2:oMONSURoALIoSK. oS/OoLATEoANOWARoHUSSAIN oR/OoVILL-oTIAMARIoPART-I oP.O.-TIAMARI oDIST-DHUBRI oASSAM 3:oFIROJoUDDIN oS/OoLATEoROSULoHOQUE oR/OoVILL-oMADHUSOULMARIoPT-I oP.O.-MADHUSOULMARI oDIST-DHUBRI oASSAM 4:oZAKIRoHUSSAIN oS/OoLATEoABDULoZOBBERoALI oR/OoVILL-oKHUDMARI oDIST-oDHUBRI oASSAM 5:oMOINULoHOQUE oS/OoLATEoESARoUDDINoSK. oVILL-oTIAMARIoPT-II oP.O.-TIAMARI oDIST-DHUBRI oASSAM 6:oSIRAJULoHOQUE oS/OoLATEoFOMIRoSK. oR/OoVILL-SHAJUARoKUTI PageoNo.#o2/5 oP.O.-SHILERPAR oDIST-DHUBRI oASSAM 7:oWAHEDoALI oS/OoLATEoAHORoUDDIN oR/OoVILL-oCHARALDANGA oP.O.-GOUIPUR oDIST-oDHUBRI oASSAM 8:oABDULoMANNANoSK oS/OoLATEoABDULoBARIoSK oR/OoVILL-MADHUSOULMARIoPT-II oP.O.-MADHUSOULMARI oDIST-DHUBRI oASSAM 9:oENSANoALI oS/OoLATEoKASEMoALI oR/OoVILL-oMATIABAG oP.O.-GOURIPUR oDIST-oDHUBRI oASSAM 10:oMONOWARoHUSSAIN oS/OoLATEoGOLAPoUDDIN oVILL-MADHUSOULMARIoPT-I oP.O.-MADHUSOULMARI oDIST-DHUBRI oASSAo VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoADDITIONALoCHIEFoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oCOOPERATIONoDEPARTMENT,oDISPUR,oGUWAHATI-6 2:THEoREGISTRARoOFoCOOPERATIVEoSOCIETIES oASSAM oKHANAPARA oGUWAHATI-22 3:THEoADDL.oREGISTRARoOFoCOOPERATIVEoSOCIETIES oKOKRAJHAR oP.O.oANDoDIST-oKOKRAJHAR oASSAM oPIN-783370 Page No.# 3/5 4:THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES DHUBRI P.O. AND DIST-DHUBRI ASSAM PIN-783301 5:THE DISTRICT DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES DHUBRI P.O. AND DIST-DHUBRI ASSAM PIN-783301 6:THE RETURNING OFFICER/ONE MAN COMMITTEE MADHUSOULMARI SAMABAI SAMITY LTD. GOURIPUR DIST-DHUBRI ASSAM PIN-783331 7:THE SECRETARY MADHUSOULMARI SAMABAI SAMITY LTD. GOURIPUR DIST- DHUBRI ASSAM PIN-78333 For the Appellant : Mr. P.K. Roychoudhury, Advocate For the Respondents : Mr. S.K. Talukdar, SC, Cooperative Dept. Mr. R. Karim, Advocate BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM