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2023 Supreme(Gau) 739

DEVASHIS BARUAH
Ranjit Das, S/o. Late Kamini Das – Appellant
Versus
State of Assam, Represented by the Commissioner and Secretary to the Government of Assam, Cooperation Department – Respondent


Advocates Appeared:
For the Petitioners:Mr. S. Dutta, Sr. Advocate, Mr. K. Upamanya, Mr. S. Khound.
For the Respondents:Mr. S.K. Talukdar, Mr. A.B.T. Haque - Caveator, Mr. T.J. Mahanta, Sr. Advocate.

JUDGMENT :

The instant writ petition has been filed by the Petitioners herein challenging the order dated 05.07.2023 issued by the In-charge, Zonal Joint Registrar of Cooperative Society of Jorhat Zone, Jorhat as well as the Resolution dated 05.07.2023 taken in the purported meeting of the Dibru Dangori River Part-1 Meen Samabai Samity Ltd.

2. Taking into account the factual matrix and the issue to be decided, the instant writ petition is taken up for disposal at the motion stage.

3. From the materials on record, it reveals that the Petitioner Nos. 1 herein is the President of the Cooperative Society in the name and style of Dibru Dangori River Part-1 Meen Samabai Samity Ltd. (for short referred to as ‘the Cooperative Society’). The Petitioner Nos. 2 & 3 are the Vice President as well as the Secretary of the said Cooperative Society. On 16.06.2023, a meeting was held amongst the Directors/Members of the Board of Directors of the said Cooperative Society wherein taking into account the various illegalities being committed by the Respondent No. 6, he was removed from the post of the Secretary of the said Cooperative Society in exercise of the powers under Section 38(2) of the Assam Coop

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