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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Sudhanshu Dhulia, Soumitra Saikia, JJ.
Jahurul Islam Laskar, Son of Late Naman Ali Laskar and ors. - Appellants
Versus
Baktar Hussain, Son of Late Baharul Islam and ors. – Respondents
Writ Appeal No.31 & 33 of 2019
Decided On : 17-03-2022
Assam Cooperative Societies Act, 2007 - Section 43 (1), 43 (3) and 43(4), 43 (7), 39, 40(4) (a) - Writ appeals - General Meeting - Grant of any extension for holding Board of Directors meeting - Annual General Meeting - Two writ appeals are filed against Judgment and Order by petitioner - Whether Board of Directors has been dissolved or not is no longer a question to be decided in terms of mandate of Section 39.
Finding of the Court: No Special General Meeting or Annual General Meeting having been called for as required under provisions of Assam Cooperative Societies Act of 2007, embargo prescribed under Section 40 (4) (a) will not be applicable to appellants and members of erstwhile Board of Directors of Mangalpur Boalihawar Cooperative Society Ltd. In facts of present proceedings - Respondent Cooperation department is directed to conduct elections as per provisions of Act 2007 - Court hold that while Board of Directors of Mangalpur Boalihawar Cooperative Society Ltd. Stood automatically dissolved by operation of law as mandated under Section 33 (3) and Section 39 of Assam Cooperative Societies Act, 2007, embargo under Section 40 (4) (a) however will not be applicable to members of Board of Directors of Mangalpur Boalihawar Cooperative Society Ltd. In facts of present proceedings.
Result: Writ appeals disposed of
JUDGMENT :
Soumitra Saikia, J.
These writ appeals are directed against the Judgment and order dated 21.01.2019 rendered by the learned Single Judge in WP (C) No. 6603/2018. The learned Single Judge declined to entertain the prayers made in the writ petition and accordingly dismissed the same. Being aggrieved, the two writ appeals are filed against the Judgment and Order dated 21.01.2019 by— the petitioner, in WP(C)/6603/2018—Sri Baktar Hussain, which is numbered as Writ Appeal 33/2019 and the other by respondent no.6 in the writ petition WP(C)/6603/2018—Sri Jahurul Islam Laskar which is numbered as Writ Appeal 31/2019.
2. Pursuant to an election held on 20.11.2016, the petitioner in WP(C) 6603/2018 namely, Baktar Hussain along with 14 others were elected as Board of Directors of Mangalpur Boalihawar Cooperative Society Ltd. The result of the said election was approved by the Assistant Registrar of Cooperative Societies, Cachar. In the first meeting of the Society held on 28.11.2016, the writ petitioner (appellant in W.A.33/2019, Sri Baktar Hussain), was elected as the Chairman of the said Society. The minutes of the said meeting were approved by the Assistant Registrar of the Cooperative Societies, Cachar. Subsequently, the respondent no.6 in WP(C) 6603/2018 (appellant in W.A. 31/2019, Sri Jahurul Islam Laskar) along with the 5 others, Directors of the Board submitted a complaint dated 04.07.2017 to the Assistant Registrar of the Cooperative Societies, Cachar that the Chairman namely, Baktar Hussain had failed to hold the Board meeting after 05.08.2017 as per the mandate of Section 43 (1) of the Assam Cooperative Societies Act, 2007. The Assistant Registrar of the Cooperative Societies upon receipt of the complaint passed an order directing that the Chairman and the Vice Chairman of the Board of Directors had ceased to be such and the remaining members of the Board of Directors were permitted to elect a new Chairman from amongst themselves by calling a special Board of Directors meeting. Accordingly, a Board of Directors meeting was held on 17.12.2017, wherein the respondent no.6 i.e. appellant in W.A. 31/2019, Jahurul Islam Laskar was elected the Chairman of the said Society. The petitioner in WP(C) 6603/2018 who is the appellant in W.A. 33/2019—Baktar Hussain, being aggrieved, assailed the said order of the Assistant Registrar by filing WP(C) 7898/2017. The said writ petition was disposed of vide order dated 18.12.2017 permitting the aggrieved party i.e. the Appellant in W.A. 33/2019 to prefer an appeal before the Registrar of Cooperative Societies, Assam against the order dated 08.12.2017 passed by the Assistant Registrar of Cooperative Societies, Cachar. It was further directed therein that if such an appeal was filed within 7 (seven) days, then the appellate authority should consider the same on merit and pass appropriate orders within 4 (four) weeks thereafter and it was also directed that until the appeal was decided, the election of the new chairman in the consequential meeting held on 17.12.2017 will not be operational.
2.1. In the appeal before the Department, preferred by the petitioner in W.P.(C) 6603/2018 i.e. appellant in W.A. 33/19, Baktar Hussain, the Registrar of Cooperative Societies, Assam, by order dated 18.01.2018 interfered with the order dated 08.12.2017 passed by the Assistant Registrar of Cooperative Societies, Assam directing that the aggrieved party, the appellant in W.A.33/2019 will continue to function as the Chairman along with the earlier Vice Chairman of the said Society. Being aggrieved by the order dated 18.01.2018 passed by the Registrar of Cooperative Societies, the respondent no.6 in W.P (C) 6603/2018, who is the appellant in W.A. 31/2019, preferred a writ petition being W.P (C) 359/2018 assailing the said order dated 18.01.2013 passed by the Registrar of Cooperative Societies. The said writ petition, however, came to be disposed of as infructous by order dated 14.05.2018 on such prayers made b
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