Jamal Uddin Ahmed and 2 Ors v. The State of Assam and 8 Ors

ORDER

07.08.2023 Heard Mr. P. Hazarika, learned counsel appearing for the writ petitioners. Also heard Mr. S. K. Talukdar, learned Standing Counsel, Cooperation, Assam appearing on behalf of the respondent Nos.1 to 6. Mr. R. Ali, learned counsel is present on behalf of respondent No.7. The three petitioners herein are the shareholders of Sidhabari Gaon Panchayat Samabai Simiti Limited in the district of Goalpara. They have approached this Court by filing the instant writ petition assailing the appointment of the respondent No.7 as the Chairman of the GPSS Ltd. on the ground that he had pecuniary interest in the functioning of the GPSS Ltd. and therefore, due to the bar created by Section 37(c) of the Assam Cooperative Societies Act, 2007 he could not have been appointed as Chairman of the said Society. Mr. Talukdar, learned departmental counsel submits that whether the allegation made in the writ petition is correct or not would require factual verification, which would not be possible in a writ petition. Therefore, the respondent No.2 i.e. the Registrar of Cooperative Societies, Assam would be the competent authority to examine the facts and take a decision on the correctness of the allegations made in the writ petition. Mr. Talukdar submits that all the parties be relegated before the concerned authority so as to adjudicate of the aforesaid dispute by verifying the facts. Page No.# 4/4 Mr. Hazarika and Mr. Ali have also fairly agreed to the said recourse. In view of the above, without expressing any opinion on the merit of the claims and counter-claims of the contesting parties in this proceeding, the writ petition is being disposed of by providing that the respondent No.2 may either himself or through his nominee, cause an enquiry to be made into the allegations made by the petitioners in this case against the respondent No.7 and on ascertaining the facts, pass appropriate order after hearing both the parties. The exercise, as directed by this Court, be carried out and completed within a period of six weeks from the date of receipt of a certified copy of this order. Whatever be the outcome of the proceeding, the same be communicated to the parties in writing. If either party feels aggrieved in the matter even thereafter, it would be open for them/him to approach this Court once again by filing a fresh writ petition.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010256082022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/8060/2022o JAMALoUDDINoAHMEDoANDo2oORSo S/O.oAIJUDDINoMUNCHI,oVILL.oRAMUA,oP.O.oBAHATI,oP.S.oMATIA,oDIST.o GOALPARA,oASSAM. 2:oMUSLEMoSHEIKH oS/O.oSARIFUDDINoSHEIKH oVILL.oSIDHABARI oP.O.oBAHATI oP.S.oMATIA oDIST.oGOALPARA oASSAM. 3:oSOHRABoAHMED oS/O.oFAIJUDDINoSHEIKH oVILL.oNAYAPARA oP.O.oBAHATI oP.S.oMATIA oDIST.oGOALPARA oASSAMo VERSUSo THEoSTATEoOFoASSAMoANDo8oORSo REP.oBYoTHEoADDL.oCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o COOPERATIONoDEPT.,oDISPUR. 2:THEoREGISTRARoOFoCOOPERATIVEoSOCIETIES oASSAM oKHANAPARA oGUWAHATI-781022. Page No.# 2/4 3:THE ADDL. REGISTRAR OF COOPERATIVE SOCIETIES KOKRAJHAR (BTAD) ASSAM PIN-783370. 4:THE ASSTT. REGISTRAR OF COOPERATIVE SOCIETIES GOALPARA ASSAM. 5:THE RETURNING OFFICER HOLDING THE ELECTION/AGM OF SIDHABARI GPSS LTD. SIDHABARI GOALPARA ASSAM. 6:THE ENQUIRY OFFICER/SUB REGISTRAR OF COOPERATIVE SOCIETIES OFFICE OF THE ARCS GOALPARA ASSAM. 7:ABDUR RAHMAN MANDAL @ RAHMAN MANDAL CHAIRMAN SIDHABARI GPSS LTD. VILL. BAHATI PART-I P.O. BAHATI GOALPARA ASSAM PIN-783125. 8:THE SECRETARY OF SIDHABARI GPSS LTD. SIDHABARI P.O. BAKAITARI PIN-783125 GOALPARA ASSAM. 9:THE DEPUTY DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS GOALPARA ASSAM Advocate for the Petitioner : MR. P HAZARIKA Page No.# 3/4 Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM