IMPORTANT POINT
The Registrar's disapproval of the AGM/Election was arbitrary and lacked proper reasoning, violating the principles of natural justice.

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 days so as to constitute the new managing committee.

4. Before further proceeding, this Court finds it very pertinent to take note of that in view of Section 41 (6) of the Assam Cooperative Societies Act, 2007 (for short, the Act of 2007), a responsibility is cast upon the Officer of the Cooperation Department for constitution of a Board within 90 days from the date of such appointment. This aspect of the matter is pertinent in view of the fact that with the dissolution of the Board, the entire responsibility, therefore, is in the shoulder of the One-Man Committee, so appointed by the Department of Cooperation.

5. Proceeding further, it is seen that under the aegis of the One-Man Committee, a voters list was prepared on 26.12.2022. Thereupon, a notice was issued on 11.01.2023 notifying the names of dead persons in the draft voters’ list, which would be corrected by substituting the names of the legal heirs and that applications to that effect be submitted before the said Secretary from 14.01.2023 to 31.01.2023. Consequent upon the publication of the said notice dated 11.01.2023, 13 candidates applied for substitution of the names against dead shareholders and a correction was duly effective and the final voters’ list was published on the 08.02.2023 by the One-Man Committee. It is pertinent to mention that this final voters list was approved and countersigned by the Zonal Joint Register of Cooperative Society, Silchar Zone, Silchar. A resolution, thereupon, on 08.02.2023 was adopted, whereby it was made clear that 2081 voters were from weaker section and 218 voters from stronger section were eligible to cast vote. Thereupon, the final voters list was published on 08.02.2023. The said voters list was not challenged as per the mandate of the Act of 2007. Subsequent thereto, the Secretary of the Cooperative Society issued a notice dated 23.02.2023 whereby it was notified that the date for submission of the nominations was 01.03.2023 and the date for withdrawing of the nomination was upto 03.03.2023. It was also mentioned that the date for AGM/Election was on 11.03.2023.

6. At this stage, it is very pertinent to mention that the respondent, No.6, along with 10(ten) others on 09.03.2023, submitted a complaint to the Minister for Cooperation, Government of Assam. A perusal of the complaint, which has been enclosed as Annexure-E to the writ petition transpires that allegations were made that the Ex-Chairman of the Cooperative Society had been running the Society, without following Statutory Government Guidelines and Rules, and the Ex-Chairman and his associates, have been involved in malpractices and corruption in respect to the management of the society. It was also alleged that the Ex-Chairman circulated a notice for general meeting of the Society proposed