Back
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY
Ainul Ali And Ors S/o Abdul Ali – Appellant
Versus
State Of Assam – Respondent
ORDER :
MANISH CHOUDHURY, J.
Heard Mr. M.K. Hussain, learned counsel for the petitioners and Ms. S.T. Bakt, learned counsel representing Mr. S.K. Talukdar, learned Standing Counsel, Cooperation Department for the respondent nos. 1, 2, 3, 4, 5, 7 & 8.
2. In view of the limited nature of the grievance raised in this writ petition by the petitioners, the writ petition is taken up for final consideration at the motion stage itself, as agreed to by the learned counsel for the parties.
3. The petitioners, three in nos., are shareholders of M/s Madhyam Barkhetri Bahumukhi Samabay Samity Limited [‘the Society’, for short], a cooperative society registered under the provisions of the Assam Cooperative Societies Act, 2007, as amended, [‘the Act, 2007’, for short]. As the earlier Board of Directors of the Society failed to hold the Annual General Meeting [AGM] / Election within the stipulated time period provided under the Act, 2007, the Board of Directors of the Society stood automatically dissolved by operation of law prescribed in Section 39 of the Act, 2007. After dissolution of the Board of Directors of the Society, the respondent no. 3 by an Office Order dated 23.10.2024 appointed One Man M
The court affirmed the obligation of the election authority to ensure the accuracy of the voters list by removing deceased members to uphold the integrity of the election process.
The Registrar's disapproval of the AGM/Election was arbitrary and lacked proper reasoning, violating the principles of natural justice.
The main legal point established in the judgment is the prima facie evidence of the membership register and the limitations on the jurisdiction of deciding the claims and objections to the voters lis....
Membership in a co-operative society cannot be terminated without following the statutory procedure, and arbitrary exclusion from the voters list violates principles of natural justice.
The main legal point established in the judgment is the requirement to adhere to the specific procedures and provisions outlined in the Telangana Co-operative Societies Act, 1964 and the Rules made t....
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 court upheld that individuals excluded from a cooperative's voters' list must follow statutory procedures, including pursuing remedies under Section 70 of the Karnataka Co-operative Societies Act....
The main legal point established in the judgment is the application of Section 73CA(1)(f)(ii) of the Maharashtra Cooperative Societies Act, 1960, which prescribes the disqualification of a person who....
The right to participate in co-operative elections is constitutional and must adhere to statutory procedures; violations may invalidate disqualifications based on process failures.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
