Ayub Uddin Laskar and 13 Ors v. The State of Assam and 5 Ors

ORDER

19.07.2023 The Petitioners herein who were elected to the Board of Meherpur Krishnapur C.S. Limited in the AGM held on 18.03.2023 are aggrieved by the order dated 3rd of April, 2023 whereby the Registrar of Cooperative Society, Assam had disapproved the election held on 18.03.2023 on the grounds and reasons stated therein.

¶2Mr. HRA Choudhury, the learned Senior Counsel appearing on behalf of the Petitioners submits that from a perusal of the order dated 3rd of April, 2023 impugned in the instant proceeding clearly shows that the Registrar of Cooperative Societies had only heard the persons whose names have been mentioned at Serial Nos. 1 to 4 of the order dated 3rd of April, 2023. The Petitioners' rights have been violated inasmuch as the said order had been passed without giving the Petitioners an opportunity of hearing.

¶3Mr. S.K. Talukdar, the learned Standing Counsel appearing on behalf of the Cooperation Department fairly submits that from a perusal of the impugned order dated 3rd of April, 2023, it does not reflect that the Petitioners who have been affected Page No.# 6/6 by the said decision were heard. He therefore submits that as the issue involved therein would involve taking into account minute details as regards various aspects of the matter and the Registrar of the Cooperative Societies would be in a position to decide the same by giving an opportunity of hearing to the Petitioners, the matter may be relegated back to the Registrar of the Cooperative Societies, Assam for fresh decision.

¶4Upon hearing the learned counsel for the parties and taking into account that from a perusal of the impugned order dated 3rd of April, 2023 it does not reflect that the Petitioners were heard, although the order so passed was affecting the right of the Petitioners, this Court therefore sets aside the order dated 3rd of April, 2023.

¶5This Court is further of the opinion that the complaint so submitted by the Respondent No. 6 also needs to be adjudicated upon. Accordingly, this Court therefore directs the Registrar of the Cooperative Societies to take a decision in respect to a complaint so filed by the Respondent No. 6 within a period of one month from today by giving the parties including the Petitioners an opportunity of hearing.

¶6It is made clear that this Court has set aside the order dated 03.04.2023 only on the ground of violation of the principles of natural justice inasmuch as the Petitioners were not heard. This Court however has not dealt with the merit of the dispute involved in the complaint filed by the Respondent No. 6.

¶7A copy of the instant order be served to Mr. S.K. Talukdar, the learned Standing Counsel appearing on behalf of the Cooperation Department to intimate the Registrar of the Cooperative Societies about the instant order so passed for effective compliance.

¶8With the above, the writ petition stands disposed off. JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010080182023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2052/2023o AYUBoUDDINoLASKARoANDo13oORS.o S/O-oLATEoKALAMONIoLASKAR,o R/O-oVILLAGE-oUTTARoKRISHNAPURoPART-II,o P.S.-oSILCHAR,oDISTRICT-oCACHAR,o 2:oABDUSoKALAMoLASKAR oS/OoLATEoSAMSoUDDINoLASKAR o o o 3:oRAFIKoUDDINoBARBHUIYA oS/O-oLATEoKALAoMIAoBARBHUIYA o o o 4:oHARISoALIoMAZUMDER oS/O-oLATEoSABERoALIoMAZUMDER o R/O-oVILLAGE-oSABASHPURoPART-I o o PageoNo.#o2/6 5:oAMRIToGOALA oS/O-oLATEoRAMPRABESKoGOALA o R/O-oVILLAGE-oATALBOSTI o o 6:oJALALoUDDINoLASKAR oS/O-oLATEoGULAMoAKBARoLASKAR o R/O-oVILLAGE-oAMBIKAPURoPART-VI o o 7:oABUoDAS oS/O-oLATEoGIRIoMOHANoDAS o R/O-oVILLAGE-oUTTARoKRISHNAPURoPART-III o o 8:oSALIMoUDDINoBARBHUIYA oS/O-oLATEoMASAIDoALIoBARBHUIYA o o o 9:oFARUQUEoAHMEDoLASKAR oS/O-oLATEoKAMARUoAHMEDoLASKAR o o PageoNo.#o3/6 o 10:oKRITIBASoCHASA oS/O-oLATEoJAGADEBoCHASA o o o 11:oLALONoUDDINoBARBHUIYA oS/O-oLATEoSAMIRoUDDINoBARBHUIYA o o o 12:oMAKTORoUDDINoMAZUMDER oS/O-oLATEoLATUoMAZUMDER o o o 13:oMISLUoAHMEDoCHOUDHURY oS/O-oLATEoARZUMANoALIoCHOUDHURY o o o 14:oIMRANAoAHMEDoMAZUMDER oS/O-oFAISULoAHMEDoMAZUMDER o PageoNo.#o4/6 o o ASSAMo VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,o CO-OPERATIONoDEPARTMENT,o DISPUR,oGUWAHATI-6. 2:THEoREGISTRARoOFoCO-OPERATIVEoSOCIETIES oASSAM oKHANAPARA oGUWAHATI-22. 3:THEoZONALoJOINToREGISTRARoOFoCO-OPERATIVEoSOCIETIES oSILCHARoZONE oSILCHAR oCACHAR oPIN-o788001. 4:THEoASSISTANToREGISTRARoOFoCO-OPERATIVEoSOCIETIES oSILCHAR oASSAM. 5:MEHERPURoKRISHNAPURoCO-OPERATIVEoSOCIETYoLTD. oREPRESENTEDoBYoTHEoSECRETARY o VILLAGE-oUTTARoKRISHNAPURoPART-I o P.O.-oUTTARoKRISHNAPUR o DISTRICT-oCACHAR oASSAM o PIN-o788006. 6:AYESHAoSULTANAoCHOUDHURY oD/O-oHABIBURoRAHMANoCHOUDHURY o R/O-oVILLAGE-oUTTARoKRISHNAPURoPART-I o P.O.-oUTTARoKRISHNAPURoPART-II Page No.# 5/6 DISTRICT- CACHAR ASSAM PIN- 788006 For the Petitioners : Mr. HRA Choudhury, Sr. Advocate. Mr. F.U. Borbhuiya, Advocate. For the Respondents : Mr. A.M. Barbhuiya, Advocate for R-6. Mr. S.K. Talukdar, SC, Cooperation Deptt. BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH