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DEVASHIS BARUAH
Ayub Uddin Laskar – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
(Devashis Baruah, J.)
Heard Mr. S Banik, the learned counsel appearing on behalf of the petitioners. Also heard Mr. SK Talukdar, the learned counsel appearing on behalf of the Cooperation Department of the Government of Assam as well as the officials under the Cooperation Department of the Government of Assam. Ms. S Parveen, the learned counsel appears on behalf of the respondent No.6.
2. 14 writ petitioners, who have been elected uncontested in the Annual General Meeting (for short, ‘the AGM’)/Election of Meherpur Krishnapur Cooperative Society Limited (for short, the Cooperative Society) held on the 18.08.2023 have approached this Court by filing the instant writ petition challenging the order dated 21.09.2023 passed by the Registrar of Cooperative Societies, Assam.
3. The brief facts leading to the challenge is that the Board of Directors of Meherpur Krishnapur Cooperative Society Limited was dissolved on account of not holding the AGM/Election within the statutory period and a One-Man Committee was appointed by the jurisdictional authority vide the order dated 17.12.2022 for managing the affairs of the Co-operative Society as also for holding the AGM/Election within 90
The Registrar's disapproval of the AGM/Election was arbitrary and lacked proper reasoning, violating the principles of natural justice.
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.
Appointment of a one man committee is only as an interim measure for convening meeting and holding election.
The Assistant Registrar of Cooperative Societies lacks jurisdiction over election disputes, which must be adjudicated by the Cooperative Election Commission per the relevant regulations.
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 main legal point established in the judgment is that objections to the provisional voters list for co-operative society elections must be within the jurisdiction of the Election Officer and must ....
Compliance with statutory procedures and the authority of the Registrar in resolving disputes under the Assam Cooperative Societies Act, 2007.
The Deputy Registrar must consider justifications for delays in lodging election expense accounts before issuing disqualification orders, and the authority to disqualify ultimately lies with the Regi....
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