IMPORTANT POINT
The Court established that strict adherence to procedural timelines in election disputes under cooperative society rules is essential for maintaining the integrity of the electoral process.

JUDGMENT :

(DEVASHIS BARUAH, J.) :

Heard Mr. M. Nath, the learned counsel appearing on behalf of the petitioner in WP(C) No.3499/2013 and Mr. S. Banik, the learned counsel appearing on behalf of the petitioner in WP(C) No.2817/2023. Mr. S. K. Talukdar, the learned counsel appears on behalf of the Cooperation Department of the Government of Assam and its Officials; Mr. A. R. Bhuyan, the learned counsel appears on behalf of one of the private respondents, namely, Shri Sourab Das and Mr. J. M.A. Choudhury, the learned counsel appears on behalf of the Secretary, Gandhigram Cooperative Society.

2. The instant proceedings came up before this Court for consideration of the Interlocutory Application being I.A.(C) No.3035/2023 seeking vacation, modification and/or alteration of the order dated 19.06.2023 passed in WP(C) No.3499/2023 wherein as an interim measure this Court had stayed the approval of the proceedings of the AGM for the year 2023-24 including the formation of the Board Of Directors of the Gandhigram Cooperative Society Limited for the term 2023-24 to 2027-28. Taking into account that any decision rendered in the Interlocutory Application would amount to entering in the merits, this Court with the consent of the learned councils for the parties has taken up both the writ petitions for disposal at this stage.

3. From the materials on record, it is seen the present dispute surrounds around the Election as well as the AGM of a Society in question is in the name and style of Gandhigram Samabai Samiti Limited which is registered under the Assam Cooperative Societies Act, 1948 bearing registration. No.K-19 dated 10.09.1973. The erstwhile President and the Secretary of the Gandhigram Samabai Samiti Limited (herein after referred to as the ‘Society’) had issued a notice on 25.04.2023 intimating all concerned that on the basis of the decision taken by the Executive Committee of the said Society, the election of the Board of The Directors of the Society for the period from 2023-2028 would be held on 10.05.2023 between 09:00 a.m. to 12:00 noon at the Netaji High School to be followed by polling between 12:00 noon to 04:00 p.m. It is relevant to observe that at Clause No.9 of the enclosure to the notice dated 25.04.2023, it was mentioned that the counting of the votes would start at 10:00 a.m. on 12.05.2023.

4. One shareholder, namely, Md. Aklas Uddin who is the Respondent No.23 in WP(C) No.3499/2023, being aggrieved in the manner by which the electoral rolls were prepared approached this Court by filing a writ petition being WP(C) No.2439/2023 wherein Notice dated 25.04.2023 was challenged.

5. This Court, upon hearing the learned counsels vide an order dated 08.05.2023 disposed of the said writ petition holding inter-alia that as the election was to be held in two days time, the question of stay of the election to be held under the aegis of the Election Authority, i.e. the Registrar or its representative, did not arise. This Court further observed that the election to the Board of Directors of the Society be held on 10.05.2023. However, the Registrar of the Cooperative Society along with the Assistant Registrar was directed not to give any approval to the election/AGM to be held on 10.05.2023 prior to deciding the grievances of the petitioner in terms of Rule 27 of the Assam Cooperative Societies Election Rules, 2019 (for short, ‘the Rules of 2019’). The petitioner in the said proceedings was directed to submit a representation along with the writ petition with regard to his grievance, before the Registrar of Cooperative Societies between 11.05.2023 and 13.05.2023. Paragraph No.4 of the said order dated 08.05.2023 being relevant is reproduced herein under:-

“4. On considering the fact that the election is to be held in two days time, this Court is not inclined to stay the election to be held under the aegis of the election authority, i.e., the Registrar or his representatives. Accordingly, the election to the Board of Director of the Gand