Nasir Uddin Mazarbhuyan and 8 Ors v. The State of Assam and 5 Ors

ORDER

15.02.2023

Heard Shri H.R.A. Choudhury, learned Senior Counsel for the petitioners assisted by Shri M.A. Choudhury, learned counsel. Also heard Shri S.K. Talukdar, learned Standing Counsel, Co-operation Department along with Shri G. Bordoloi, learned counsel. Considering the peculiar nature of the case and as agreed to by the parties, this writ petition is taken up for disposal at the motion stage itself. The petitioners who are nine in numbers were members of Board of Directors of Rongpur Cooperative Society in the district of Cachar. It is the case of the petitioners that they were elected on 18.11.2018 for a period Page No.# 4/5 of 5 years i.e., upto 18.11.2023. A notice dated 04.03.2022 was published as per which the AGM was to be held on 19.03.2022. Being faced with such notice, the petitioners had filed application before the Assistant Registrar of the Cooperative Society and prayed for holding the meeting on 20.03.2022. However, it is the allegation of the petitioners that the meeting was held on 19.03.2022 itself against which a complaint has been made which is pending enquiry. In the meantime, the Board was dissolved vide a communication dated 30.05.2022 by invoking the provisions of Section 39 of the Assam Cooperative Societies Act, 2007. The petitioners claimed to have filed an appeal on 10.06.2022 and had also approached for allowing them to manage the affairs of the Society. However, instead of allowing them to do so, a notice has been issued on 01.02.2023 for holding the AGM and the election on 21.02.2023 for electing 15 members of the Board for the ensuing term w.e.f. 2022-2023. The petitioners are challenging the aforesaid action including the notice dated 01.02.2023. Shri Choudhury, the learned Senior Counsel for the petitioners have submitted that their grievances not yet being redressed, even if, the impugned action is not interfered with at this stage, a direction be issued to the primary authorities to take on board the grievances of the petitioners and pass appropriate speaking order on the same. Alternatively, the learned Senior Counsel submits that the election may be stayed and / or postponed. Reacting to the aforesaid submissions, Shri Talukdar, the learned Standing Counsel has submitted that any dispute regarding an election can be raised only by means of an election dispute in a duly constituted tribunal. He, therefore, submits that the question of staying the process of election would not arise, more so, when the preparation has already been made and ballot papers have already been prepared. After hearing the parties and on perusal of the materials on records, this Court is Page No.# 5/5 of the opinion that the writ petition can be disposed of by directing the Registrar of Cooperative Societies, Assam to consider the appeal dated 10.06.2022, followed by the reminder dated 14.09.2022, expeditiously and preferably before the date fixed for the elections, i.e., 21.02.2023. Depending on the outcome of such consideration, the petitioners may take the recourse of the appropriate provision of law for redressal of their grievance, including filing of appropriate election petition, if so advised. This Court also considers that even in the Constitution of India, there is a bar under Article 329 (b) to pass any interim order in the elections of the State and therefore, a similar principle is required to be followed even for elections pertaining to Co-operative Societies which involve an elaborate process which is not liable to be disturbed. Writ petition accordingly stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010032012023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/848/2023o NASIRoUDDINoMAZARBHUYANoANDo8oORS.o S/O.oLT.oKUTIMIYAoMAZARBHUYIA,oVILL.oGOSSAIPUR,oP.S.oUDHARBOND,o DIST.oCACHAR,oASSAM. 2:oABIDoRAJAoLASKAR oS/O.oLT.oBINODoRAJAoLASKAR oVILL.oGOSSAIPUR oPART-III oP.S.oUDHARBOND oDIST.oCACHAR oASSAM. 3:oSAJULoISLAMoBARBHUYIA oS/O.oANORoALI oVILL.oGOSSAIPUR oPART-III oP.S.oUDHARBOND oDIST.oCACHAR oASSAM. 4:oABDULoKUDDUSoLASKAR oS/O.oLT.oNIJAMoUDDINoLASKAR oVILL.oGOSSAIPUR oPART-III oP.S.oUDHARBOND oDIST.oCACHAR oASSAM. 5:oAKHTARoUDDINoLASKAR oS/O.oLT.oAYUBoALIoLASKAR oVILL.oGOSSAIPUR oPART-III oP.S.oUDHARBOND oDIST.oCACHAR PageoNo.#o2/5 oASSAM. 6:oSHAYAJoUDDINoLASKAR oS/O.oLT.oABDULoGOFURoLASKAR oVILL.oGOSSAIPUR oPART-III oP.S.oUDHARBOND oDIST.oCACHAR oASSAM. 7:oABUoBAKKARoBARBHUYIA oS/O.oLT.oRAJAoMIYAoBARBHUIYAN oVILL.oGOSSAIPUR oP.S.oUDHARBOND oDIST.oCACHAR oASSAM. 8:oAZIZoKHAN oS/O.oAKBARoKHAN oVILL.oCHAPPANHAL oP.S.oARKATIPUR oDIST.oCACHAR oASSAM. 9:oNAZIMoUDDINoCHOUDHURYo@oNAZIMoUDDINoCHOUDHY oS/O.oKAMALoUDDINoCHOUDHURY oVILL.oGOSSAIPUR oP.S.oUDHARBOND oDIST.oCACHAR oASSAMo VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o TOoBEoREP.oBYoTHEoCOMMISSIONERoANDoSECY.,oTOoTHEoGOVT.oOFo ASSAM,oCO-OPERATIVEoDEPT.,o781006,oASSAM. 2:THEoREGISTRARoCO-OPERATIVEoSOCIETIES oASSAM oKHANAPARA oGUWAHATI-22 oASSAM. 3:THEoZONALoJOINToREGISTRARoOFoCO-OPERATIVEoSOCIETIES oCACHARoAToSILCHAR oDIST.oCACHAR Page No.# 3/5 ASSAM. 4:THE ASSTT. REGISTRAR OF CO-OPERATIVE SOCIETIES CACHAR AT SILCHAR DIST. CACHAR ASSAM. 5:NOOR AHMED LASKAR OFFICER ON MANAGEMENT RANGPUR COOPERATIVE SOCIETIES LTD. 6:THE RONGPUR CO-OPERATIVE SOCIETY P.O. GOSSAIPUR P.S. UDHARBOND DIST. CACHAR ASSAM REP. BY ITS SECRETARY G.M. TUJFIKAR AHMED LASKAR Advocate for the Petitioner : MR H R A CHOUDHURY Advocate for the Respondent : SC, CO OP BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI