Girija Mohan Kalita and 8 Ors v. The State of Assam and 5 Ors

ORDER

18.11.2023 Heard Shri AM Khan, learned counsel for the petitioners. Also heard Shri J Bordoloi, learned Standing Counsel, Cooperation Department, Assam.

¶2Considering the subject matter in dispute and the instructions received by the learned Standing Counsel, this writ petition is taken up for disposal at the admission stage itself.

¶3The petitioners claim to be the elected Directors/Members of the Board of Directors of Manikpur SS Ltd. under the ARCS, Barpeta, Assam. The petitioners were elected in the year 2017 and their term had expired on 21.09.2022. It is submitted that due to the prevailing situation at that time pertaining to Covid 19, the AGM for the years 2020-2021 and 2021-2022 could not be held. Accordingly, they had filed applications before the Department to exempt them from the operation of Section 39 of the Assam Cooperative Societies Act, 2007. Thereafter the petitioner no. 1 along with some others had preferred WP(C)/2451/2022 and this Court vide order dated 04.04.2022 had directed not to take any coercive measures against the petitioner. The petition was Page No.# 4/5 subsequently withdrawn and during the pendency of the same, a resolution was also adopted for holding the AGM/election and accordingly, permission was sought to hold the same. The approval not being granted, the petitioners had approached this Court after filing of numerous representations.

¶4Shri Khan, learned counsel for the petitioners by referring to the order dated 31.10.2023 passed in this proceeding by this Court has submitted that an interim direction was passed to allow the petitioners to submit their nomination papers for the election scheduled on 14.11.2023 and it was further made clear that such participation would be subject to further order that may be passed in this proceeding. The learned counsel for the petitioner further submits that amongst the petitioners, petitioner no. 8 could not submit his nomination due to his illness.

¶5Shri Bordoloi, learned Standing Counsel has submitted that as per instructions received, the elections were held on the scheduled date i.e.,

14.11.2023. However, due to pendency of this case, the results have not been declared.

¶6Shri Khan, learned counsel for the petitioners submits that he is agreeable to a direction for declaration of the results depending upon which the Board of Directors may be constituted.

¶7In view of the aforesaid facts and circumstances and the submission made, this writ petition is closed by permitting the respondent authorities to declare the results within a period of 15 days from today and thereafter Page No.# 5/5 constitute the Board of Directors of the Society in question in accordance with law.

¶8The writ petition accordingly stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010248522023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6430/2023o GIRIJAoMOHANoKALITAoANDo8oORSo S/O-oLATEoKALIKANTAoKALITA,oVILL-oBAGMARA,oP.O.oBAGMARAoBAJARo DIST.-oBAJALI,ASSAM 2:oSRIoNARENDRAoNATHoDAS oS/O-oLATEoBISWANATHoDAS oVILL.oANDoP.O.oDAISUNDARI oDIST.-oBAJALI oASSAM 3:oMD.oINUSoALI oS/O-oLATEoSAFEDoALI oVILL-oPURBOoKATHALMURI oP.O.-oBAGHMARAoBAZAR oDISTRICT-oBAJALI oASSAM 4:oMD.oABDULoMAZID oS/O-oLATEoATIULLAHoSHEIKH oVILL.oANDoP.O.oDAISUNDARI oDIST.-oBAJALI oASSAM 5:oSRIoPRAFULAoDAS oS/O-oLATEoKRIPAoDAS oVILL-oCHAIBARI oP.O.oRIHABARI oDIST.-oBAJALI oASSAM 6:oSRIoJOGENDRAoSINGHA oS/O-oLATEoGHANSHYAMoSINGH oVILL.oANDoP.O.oOKAYA oDIST.-oBAJALI PageoNo.#o2/5 oASSAM 7:oSRIoGOPALoCHANDRAoDAS oS/O-oLATEoBIPINoCH.oDAS oVILLoANDoP.O.oKATHALMURIGHAT oDIST.-oBAJALI oASSAM 8:oSRIoMUKUNDAoKALITA oS/O-oLATEoPABANoKALITA oVILL-oBARSIDHNI oP.O.oKATHALMURIGHAT oDIST.-oBAJALI oASSAM 9:oSRIoHARIoCHANDRAoNATH oS/O-oLATEoGOGEoNATHoVILL-oBORMANIKPUR oP.O.oSARUMANIKPUR oDIST.-oBAJALI oASSAo VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoADDITIONALoCHIEFoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oCO-OPERATIONoDEPARTMENT,oDISPUR,oGUWAHATI-6 2:THEoREGISTRARoOFoCO-OPERATIVEoSOCIETIES oASSAM oKHANAPARA oGUWAHATI-22 3:THEoZONALoJOINToREGISTRARoCOOPERATIVEoSOCIETIES oGUWAHATIoZONE oBHANGAGARH oGUWAHATI-05 4:THEoASSTT.oREGISTRARoOFoCO-OPERATIVEoSOCIETIES oBARPETA oASSAM 5:SMTIoNIJARAoMUDAI oSENIORoINSPECTOR/AUDITORoC/O-oTHEoARCS oBARPETA oASSAM 6:THEoSECRETARY oMANIKPURoSSoLTD. Page No.# 3/5 MANIKPUR BAGHMARA BAZAR DIST.- BAJALI ASSA Advocate for the Petitioner : MR. A M KHAN Advocate for the Respondent : SC, CO OP BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI