Surhub Uddin and 9 Ors v. The State of Assam and 6 Ors

ORDER Date : 04-10-2023 Heard Mr. A.I. Uddin, learned counsel for the writ petitioners. Also heard Ms. M.D. Borah, learned standing counsel, Cooperation Department, Assam appearing for the respondent Nos. 1, 2, 3, 5 and 6. The writ petitioners herein are the shareholders of the Khatowal (Rupahi) Samabai Samity, a registered Cooperative Society, situated in the district of Nagaon. According to the writ petitioners the AGM/ election of the society, which was earlier notified on 13-01-2018, had not been held. Hence, this writ petition seeking a direction to hold the AGM. Mr. Uddin submits that his clients had submitted their nomination papers by depositing the requisite fee. However, due to non-holding of the AGM as per order dated 13-01-2018, the petitioners could neither participate in the election nor have they been refunded the fee deposited by them. Ms. M.D. Bora, learned standing counsel, Cooperation Department, Assam, on the Page No.# 5/5 other hand, has invited the attention of this Court to the counter affidavit filed by the respondent No. 6 to submit that during the pendency of this writ petition, the preparation of correct Voters List has been completed and therefore, a fresh notification will be issued shortly notifying the AGM/ election of the Society. As such, Ms. Borah submits that this writ petition be disposed of with a direction to that effect. Mr. A.I. Uddin has also agreed to the said order but has sought refund of the nomination fee earlier paid by his clients. In view of the statement made in paragraph 10 of the counter affidavit filed by the respondent No. 6, it is clear that the respondents are willing to refund the nomination fee to the petitioners. As such, no further direction is required to be issued at this stage, save and except, providing that the respondents shall notify the AGM/ election of the society as expeditiously as possible, but not later than 04 weeks from the date of receipt of a certified copy of this order. Upon such notification, it will be open for the petitioners to submit their nominations, in accordance with law, if so advised. The writ petition stands closed.

JUDGE GS Comparing Assistant

PageoNo.#o1/5 GAHC010033852023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1046/2023o SURHUBoUDDINoANDo9oORS.o S/OoLATEoHELALoUDDIN,oR/OoVILL-BHOGAMUR,oP.O.-KAWAIMARI,oP.S.- SAMAGURI,oDIST-NAGAON,oASSAM,oPIN-782140 2:oABDULoBATEN oS/OoLATEoABDULoAWAL oR/OoVILL-BOROMABEEL oP.O.-MOWAMARI oPIN-782140 3:oHASENoBANU oW/OoABDULoRASHID oR/OoVILL-BHOGAMUR oP.O.-KAWAIMARI oPIN-782140 4:oNURoMAHAMMAD oS/OoLATEoSHAMSoUDDIN oR/OoVILL-JEWMARI oP.O.-TELIACHAPORI oP.S.-RUPAHIHUT oPIN-782125 5:oHAYATUNoNESSA oW/OoROFIQULoISLAM oR/OoVILL-BHOGAMUR PageoNo.#o2/5 oP.O.-KAWAIMARI oPIN-782140 6:oJAMINAoKHATUN oW/OoYUSUFoALI oR/OoVILL-BHOGAMUR oP.O.-KAWAIMARI oPIN-782140 7:oOWAISEoUDDIN oS/OoLATEoUMMESoALI oR/OoVILL-JORAPANI oP.O.-TELIACHAPORI oP.S.-RUPAHIHAT oPIN-782125 8:oARFANoALI oS/OoABDULoMAZID oR/OoVILL-BAZIAGAON oP.O.-BAZIAGAON oDIST-SAMAGURI oPIN-782140 9:oRAFIQULoISLAM oS/OoMDoHUSSAINoALI oR/OoVILL-BAZIAGAON oP.O.-BAZIAGAON oDIST-SAMAGURI oPIN-782140 10:oABDULoKALAM oS/OoABDULoHAI oR/OoVILL-BARAMABEEL oP.O.-MOWAMARI PageoNo.#o3/5 oPIN-78214o VERSUSo THEoSTATEoOFoASSAMoANDo6oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARY,oCOoOPERATION DEPARTMENT,oGOVERNMENToOFoASSAM,oDISPUR,oGUWAHATI,oASSAM,o PIN-781006 2:THEoREGISTRAR oCO-OPERATIVEoSOCIETIESoASSAM oSAMABAYoBHAWAN oKHANAPARA oGUWAHATI oPIN-781022 3:THEoZONALoJOINToREGISTRARoOFoCOOPERATIVEoSOCIETIES oGUWAHATIoZONE oBHANGAGARHoGUWAHATI oPIN-781005 4:THEoDEPUTYoCOMMISSIONER oNAGAON oPIN-782001 5:THEoDEPUTYoREGISTRAR oCO-OPERATIVEoSOCIETIES oNAGAON oPIN-782001 6:THEoASSISTANToREGISTRAR oCO-OPERATIVEoSOCIETIES oNAGAON o/EXECUTIVEoOFFICER oKHATOWALo(RUPAHI)oSAMABAIoSAMITY oPIN-782001 Page No.# 4/5 7:THE SECRETARY KHATOWAL (RUPAHI) SAMABAI SAMITY P.O.-BHAGAMUR BOROMA DIST-NAGAON ASSAM PIN-78214 Advocate for the Petitioner : ALHAJJ I UDDIN Advocate for the Respondent : SC, CO OP BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM