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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY
Foyzul Hoque Mazumdar, S/o. Late Ajob Uddin Mazumdar – Appellant
Versus
The State Of Assam, Represented By The Principal Secretary To The Government Of Assam Cooperation Department – Respondent
| Table of Content |
|---|
| 1. assault on an interim order in cooperative appeal. (Para 1 , 2) |
| 2. context of petitioners and society's management. (Para 3 , 4 , 5 , 6) |
| 3. observations on authority and procedural fairness. (Para 7 , 12 , 13) |
| 4. statutory authority's limits on appeal and jurisdiction. (Para 14 , 20) |
| 5. precedent and binding nature of court decisions. (Para 16 , 17 , 21) |
| 6. petition outcome and orders. (Para 22) |
JUDGMENT :
(MANISH CHOUDHURY, J.)
The instant writ petition under Article 226 of the Constitution of India is preferred inter-alia to assail an Order dated 11.12.2024 passed by the respondent no. 3 in an appeal preferred by the respondent no. 5 on 10.12.2024 against an Order dated 07.12.2024 passed by the respondent no. 4.
2. By the impugned Order dated 11.12.2024, the respondent no. 3 had admitted the appeal preferred by the respondent no. 5 under Section 111 [1] of the Assam Cooperative Societies Act, 2007 and passed an interim direction. By the impugned Order, the respondent no. 3 while admitting the appeal, had stayed the Order dated 07.12.2024 passed by the respondent no. 4 whereby the respondent no. 4 had accorded approval to a resolution passed by the Board of Directors
The appeal against the appointment or removal of a Secretary by a cooperative society's Board is not maintainable, as such powers exclusively reside with the Board under the Assam Cooperative Societi....
The Chief Executive/Secretary of a co-operative society holds a dual statutory character as both an office bearer and an employee. Disputes regarding their removal are not purely private employment m....
Point of Law : Best person to function as the Secretary or the Chief Executive has to be chosen on the basis of his capability and experience and it is believed that the State Government in exercise ....
The Registrar's disapproval of the AGM/Election was arbitrary and lacked proper reasoning, violating the principles of natural justice.
The Assistant Registrar cannot rescind an appointment after significant delay without proper jurisdiction.
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.
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 ....
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