Muktar Ali v. The State of Assam and 16 Ors

ORDER Date : 25.11.2024

1) Heard Mr. M. A. Sheikh, learned counsel for the petitioner. Also heard Ms. M. D. Bora, learned Standing counsel, Co-Operation Department appears for the respondents. 2) This writ petition is directed against the respondents for particularly respondent No.2 seeking a direction to dispose of the statutory appeal filed by the petitioner under the Assam Co-Operative Societies Act, 2007. 3) The petitioner claims to be the elected President of Dakshin Ghilajari Samabai Samittee Ltd. for a term of 5 years, which was to be completed within a month of March, 2020. However, a meeting was convened by Secretary of the Samittee on 01.07.2024 and presided by the Vice-President of this Samittee whereby various allegations were brought against the petitioner and decided to brought a no confidence resolution. 4) Subsequently, several directions were issued pursuant to the meeting held on 01.07.2024. The petitioner being aggrieved and filed an appeal before the Page No.# 5/5 respondent No.2. 5) The appeal was preferred on 11.09.2024. 6) According to the petitioner, the said appeal has not been disposed of by the respondents his limited prayer is seeking a direction to the respondent No.2 to dispose of the said appeal filed by the petitioner. 7) Ms. M. D. Bora, learned Standing counsel Co-Operation Department submits that the appeal if any is required to be filed within the limitation period prescribed under Section 36(5). 8) Be that as it may, since the limited prayer of the writ petitioner is a direction to respondent No.2 to dispose of the appeal, the writ petition is disposed of with a direction to respondent No.2 to expeditiously consider and pass appropriate order on the appeal stated to have been filed by the petitioner as per provision of law. 9) If in the meantime any order was passed in the said appeal, the same should be communicated to the petitioner. 10) The exercise be completed within a period of 30 days from the date of receipt of the certified copy of this order be furnished by the writ petitioner before the respondent No.2. 11) The writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010157912024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6134/2024o MUKTARoALIo S/O-oLATEoMAMIRoALI,oR/O-oVILL.-oBANAKUCHI,oP.O.oSONKUCHI,oP.S.oANDo DIST.oBARPETA,oASSAM,oPIN-o781314. VERSUSo THEoSTATEoOFoASSAMoANDo16oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oCO-OPERATIVEoSOCIETIES,oGUWAHATI-781006. 2:THEoREGISTRARoOFoCO-OPERATIVEoSOCIETIES oKHANAPARA oGUWAHATI oDIST.oKAMRUP(M) oPIN-o781022. 3:THEoASSISTANToREGISTRARoOFoCO-OPERATIVEoSOCIETIES oBARPETA oP.O. oP.S.oANDoDIST.oBARPETA oPIN-o781301. 4:THEoSECRETARYoOFoDAKSHINoGHILAJARUIoSAMABAIoSAMITTEE oP.O.oDHABALIPARA PageoNo.#o2/5 5:THEoPRESIDENToOFoDAKSHINoGHILAJARUIoSAMABAIoSAMITTEE oP.O.oDHABALIPARA 6:THEoVICE-PRESIDENToOFoDAKSHINoGHILAJARUIoSAMABAIoSAMITTEE oP.O.oDHABALIPARA 7:HAFIJURoRAHMAN oS/O-oLATEoMD.oBAREK oR/O-oVILL.-oDHABALIAPARA oP.O.oDHABALIAPARA oPS.oHOWLY 8:HASIBORoRAHMAN oR/O-oVILL.-oDHABALIAPARA oP.O.oDHABALIAPARA oPS.oHOWLY 9:MIZANURoRAHMAN oR/O-oVILL.-oDHABALIAPARA oP.O.oDHABALIAPARA oPS.oHOWLY 10:ASARUDDINoAHMED oR/O-oVILL.-oDHABALIAPARA oP.O.oDHABALIAPARA oPS.oHOWLY 11:ABDULoJALIL PageoNo.#o3/5 oS/O-oLATEoHANIFoALI oR/O-oVILL.-oDHABALIAPARA oP.O.oDHABALIAPARA oPS.oHOWLY 12:BABULoHUSSAIN oVILL.-oJOGIRPAM oP.O.oDHABALIAPARA 13:NURoALOM oR/O-oVILL.-oDUTTAKUCHI oP.O.oDHABALIAPARA oPS.oHOWLY 14:KASHEMoSIKDAR oS/O-oHABEJoUDDINoHAZI oVILL.-oBAHMURA oP.O.oSONKUCHI oP.S.oANDoDIST.oBARPETA ASSAM oPIN-o781314. 15:SOMIRoSARKAR oVILL.-oBAHMURA oP.O.oSONKUCHI oP.S.oANDoDIST.oBARPETA oPIN-o781314. 16:SUKURoKHAN oS/O-oKAMALUDDIN oR/O-oVILL.-oDHABALIAPARA oP.O.oDHABALIAPARA oPS.oHOWLY Page No.# 4/5 17:DELUWARA BEGUM W/O- MOZIBOR RAHMAN VILL.- JOGIRPAM P.O. DHABALIAPARA P.S. HOWLY DIST. BARPETA ASSAM PIN- 781316 Advocate for the Petitioner : MD. S Z B AKLAS, Advocate for the Respondent : SC, CO OP, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA