Abul Hussain and 7 Ors v. The State of Assam and 7 Ors

ORDER Date : 09.01.2023

Page No.# 4/6 Heard Shri BK Das, learned counsel for the petitioners and Shri SK Talukdar, learned Standing Counsel, Cooperation Department, Assam.

¶2The petitioners claim to be elected as Board of Directors of the Pub Rangamati Samabai Samity Ltd. (Cooperative Society) in the district of Darrang. The Annual General Meeting (AGM) for the year 2019-2020 was to be held on

30.09.2020 for which, a representation was submitted by the petitioners on

10.09.2020 seeking permission to hold the AGM. However, no permission was granted due to ongoing situation concerning the Covid-19 pandemic.

¶3It is the case of the petitioners that the Cooperative Society, vide resolutions dated 01.04.2021, 30.09.2021, and 04.04.2022, had decided to hold the AGM. The Authority, however, again declined to grant permission. In the meantime, vide an order dated 01.04.2022, the Board of Directors were dissolved in terms of Section 41 (6) of the Assam Cooperative Societies Act, 2007.

¶4The petitioners had earlier approached this Court by filing WP(C)/2581/2022 which was disposed of vide order dated 27.07.2022 by directing them to submit detail representation before the Addl. Chief Secretary, Govt. of Assam, cooperation Department, who, in turn, would pass a speaking order. The representation was, accordingly filed on 11.04.2022 which, however, was rejected vide the Speaking Order dated 02.09.2022.

¶5Shri Das, learned counsel for the petitioners has submitted that the impugned action of the authorities in rejecting the application seeking permission to hold the meeting has been passed without taking into consideration the relevant factors and also by violating the mandate of law. The Page No.# 5/6 learned counsel for the petitioners submits that all bona fide attempts to hold the AGM not being permitted by the authorities, the petitioners cannot be made to suffer by operation of law for not holding such meeting. As indicated above, in the midst of the proceedings, the Boards were already dissolved. It is, accordingly, submitted on behalf of the petitioners that interference be made by this Court so that the rights of the Board of Directors are not prejudicially affected because of no fault of theirs.

¶6On the other hand, Shri Talukdar, learned Standing Counsel submits that the denial of permission was due to the ongoing situation of Covid-19 pandemic where there was strict enforcement of law not to have any public gatherings or public functions. The learned Standing Counsel, however, has fairly submitted that the cases of the petitioners for participating in the elections may be directed to be considered by the appropriate authorities by taking into consideration all the relevant factors, including the inability to hold the meeting.

¶7Though a legal fiction is contemplated under the Statute for automatic dissolution for not being holding the AGM within a specified time, the situation in the present case are wholly different which had occurred due to the unprecedented situation of Covid-19 pandemic. Without taking that fact into consideration, disqualifying the petitioners from contesting the elections would be unfair and unjust.

¶8In that view of the matter, it is directed that steps be taken by the One-Man Committee presently running the affairs of the Cooperative Society with the approval of the appropriate authorities to immediately hold the elections in which the petitioners be allowed to contest, if otherwise are found to be eligible. The aforesaid steps-actions be taken and the elections be held within an outer Page No.# 6/6 limit of 45 days from today.

¶9The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010230572022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7265/2022o ABULoHUSSAINoANDo7oORS.o S/O-oLT.oMUKSHEDoALI,oR/O-oVILL-oNO.o5oNANGLI,oP.O.oMANGALDOI,oP.S.o MANGALDOI,oDIST.-oDARRANG,oASSAM,oPIN-o784125 2:oRUSTAMoALI oS/O-oLT.oABULoHUSSAIN oR/O-oVILL-oM.CoBANDIA oP.O.oMANGALDOI oP.S.oMANGALDOI oDIST.-oDARRANG oASSAM oPIN-o784125 3:oAMZEDoALI oS/O-oLT.oTASHILUDDIN oR/O-oVILL-oBAGHPORI oP.O.oMANGALDOI oP.S.oMANGALDOI oDIST.-oDARRANG oASSAM oPIN-o784125 4:oHARIMOHANoMONDAL oS/O-oLT.oG.oMANDAL oR/O-oVILL-oGEROIMARI oP.O.oMANGALDOI oP.S.oMANGALDOI oDIST.-oDARRANG oASSAM oPIN-o784125 5:oASARUDDIN oS/O-oLT.oASMAToALI oR/O-oVILL-oNO.o4oNONGLI PageoNo.#o2/6 oP.O.oMANGALDOI oP.S.oMANGALDOI oDIST.-oDARRANG oASSAM oPIN-o784125 6:oJANMAJOYoSARKAR oR/O-oVILL-oNOWAMARI oP.O.oMANGALDOI oP.S.oMANGALDOI oDIST.-oDARRANG oASSAM oPIN-o784125 7:oMATIBARoRAHMAN oS/O-oLT.oAJMAToAKAND oR/O-oVILL-oBANDI oP.O.oMANGALDOI oP.S.oMANGALDOI oDIST.-oDARRANG oASSAM oPIN-o784125 8:oFORHADoALI oS/O-oLT.oABDULoJUBBER oR/O-oVILL-oGASBARI oP.O.oMANGALDOI oP.S.oMANGALDOI oDIST.-oDARRANG oASSAM oPIN-o78412o VERSUSo THEoSTATEoOFoASSAMoANDo7oORS.o REP.oBYoTHEoADDL.oCHIEFoSECY.oTOoTHEoGOVT.oOFoASSAM,oCO- OPERATIONoDEPTT.,oASSAM,oASSAMoSECRETARIAT,oDISPUR,oGHY-06 2:ADDL.oCHIEFoSECY.oTOoTHEoGOVT.oOFoASSAM oCO-OPERATIONoDEPTT. oASSAM oDISPUR oGHY-06 3:ADDL.oSECY.oTOoTHEoGOVT.oOFoASSAM oCO-OPERATIONoDEPTT. oASSAM oDISPUR Page No.# 3/6 GHY-06 4:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GHY-22 5:THE ZONAL JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES TEZPUR ASSAM PIN- 784001 6:THE ASSTT. REGISTRAR OF CO-OPERATIVE SOCIETIES DARRANG P.O. AND DIST.- DARRANG ASSAM PIN- 784105 7:THE DY. COMMISSIONER DARRANG P.O. AND DIST.- DARRANG ASSAM PIN- 784145 8:SENIOR INSPECTOR/AUDITOR OF CO-OPERATIVE SOCIETIES OFFICE OF THE ASSTT. REGISTRAR OF CO-OPERATIVE SOCIETIES MANGALDOI ASSAM PIN- 78410 Advocate for the Petitioner : MR. B K DAS Advocate for the Respondent : SR. GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA