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DEVASHIS BARUAH
Mazibur Rahman – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
(Devashis Baruah, J.)
The instant writ petition has been filed by the petitioners seeking a mandamus upon the respondents to allow the petitioners, who were earlier the Board of Directors of Tengaguri SS Ltd for participating in the AGM as well as in the election of the Board of Directors of Tengaguri SS Ltd, Morigaon for the year 2023-2024, which is to be held on 27.08.2023.
2. From a perusal of the writ petition, it transpires that the petitioners herein were elected as the Board of Directors of Tengaguri SS Ltd (for short 'the Cooperative Society') on the basis of an election held on 20.07.2017. In terms of the provisions of Section 31 of the Assam Cooperative Societies Act, 2007 (for short, the Act of 2007), the term of the said Board of Directors was to expire on 19.07.2022. Be that as it may, by an order dated 20.04.2021, the Zonal Joint Registrar of Cooperative Societies had dissolved the management of the Cooperative Society as it had failed to hold AGM/election for the year 2020-2021 as was required under Section 39 of the Act of 2007. By the same order, one Shri Bipul Kumar Bora, Senior Inspector/Auditor of Cooperative Societies was appointed as an Officer on
Non-compliance with the provisions of the Assam Cooperative Societies Act, 2007, regarding the holding of Annual General Meetings (AGMs) led to the automatic dissolution of the Board of Directors of ....
The Registrar's disapproval of the AGM/Election was arbitrary and lacked proper reasoning, violating the principles of natural justice.
Appointment of a one man committee is only as an interim measure for convening meeting and holding election.
The annulment of cooperative society elections requires clear evidence of material irregularities affecting the election's outcome, with proportional measures aligned to the alleged violations.
The Registrar must consider the reasonability of the excuse offered by the affected party before imposing disqualification or penalty under Section 75 (5) of the Act, 1960.
Point of Law : Meeting held which was a meeting in terms with Section 34(2) of Act of 2007 could not have been held without having the minimum quorum of 10% of the shareholders.
The automatic disqualification under section 61 of the Goa Co-operative Societies Act upon violation of section 72 and the acknowledgment of disqualification by the Assistant Registrar without the ne....
The President's presence was not essential in the special meeting for a motion of no confidence, and the calculation of majority was clarified by the court.
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