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2022 Supreme(Gau) 1496

MANISH CHOUDHURY
Babul Das – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Petitioners: Mr. B.D. Das and Mr. D. Kalita.
For the Respondents: Mr. S.K. Talukdar and Mr. B. Chakravarty.

JUDGMENT :

1. The petitioners, 7 in Nos., have joined together to institute this writ petition under article 226 of the Constitution of India by making assailment of an order dated 16.10.2021 passed by the Registrar of Co-operative Societies, Assam whereby the Registrar of Co-operative Societies, Assam has set aside a resolution taken on a motion of no confidence in a special meeting of the Board of directors of M/s. Chariduar Brahmaputra and Khaloibeel Fishery Co-operative Society Ltd., held on 19.8.2021, by declaring the resolution as null and void. The motion of no confidence was brought against the respondent No. 6 who was the President of the Board of directors of M/s. Chariduar Brahmaputra and Khaloibeel Fishery Co-operative Society Ltd. and as per the resolution, the motion of no confidence was held to have passed against the respondent No. 6.

2. M/s. Chariduar Brahmaputra and Khaloibeel Fishery Co-operative Society Ltd., District-Sonitpur (‘the Society’, for easy reference) is a co-operative society registered under the provisions of the Assam Cooperative Societies Act, 2007, as amended. In the Annual General Meeting (AGM')/Election held in the year 2018, as per the provisio

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