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.

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 Management Committee for the Society in exercise of powers conferred on him under Section 41[6] of the Act, 2007 with a further direction to the One Man Management Committee to perform all functions of the Board of the Society and to convene the AGM / Election for the Society and to constitute Board of Directors within a period of ninety days at the cost of the Society.

4. After assuming the charge, the One Man Management Committee proceeded to prepare a list of members with right to vote and a list of members without right to vote, as per the provisions of Section 26[3] of the Act, 2007. At the stage of preparing lists of members, complaints were submitted to the effect that in the draft list of members, the names of a number of dead persons got included and representations were made before the One Man Management Committee that he should remove the names of dead persons from the draft list. As the process of holding the AGM / Election did not progress as expected, the term of the One Man Management Committee was extended for a further period of ninety days vide an Office Order dated 27.01.2025. When finally the list of members of the Society was published under the seal and signature of the respondent no. 4 on 19.03.2025, it came to the notice of the petitioners that in the said list of members prepared by the respondent no. 4, the names of a nos. of dead persons have been included. The One Man Management Committee has, in the meantime, published a Notice notifying the shareholders of the Society that the next AGM / Election to the Board of Directors of the Society would be held on 19.04.2025. The timeline for submission of nominations to contest election for the Board of Directors of the Society have also been notified in the meantime.

5. As it came to the notice of the petitioners that in the list of voters prepared by the respondent no. 4 on 19.03.2025, the names of forty-six nos. of dead persons have not been deleted, the petitioners stated to have submitted a representation before the respondent no. 3 as well as the respondent no. 4 on 27.03.2025, that is, prior to the publication of the Notice for the AGM / Election on 30.03.2025.

6. In this connection, the provisions of sub-section [3] of Section 26 of the Act, 2007 and Rule 3[h] of the Assam Cooperative Societies’ Election Rules, 2019 [‘the Rules, 2019’, for short] are of relevance and import and the same are quoted hereinbelow :-

26. Rights and liabilities of members of registered societies and exercise of rights thereof –

[3] The Chief Executive of every cooperative society within twenty days of closure of the previous cooperative year, shall prepare a list of members with the right of vote, and a list of members without the right of vote, valid for the current financial year. The list shall be