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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY, ASHUTOSH KUMAR, C.J.
Board of Directors of Greater Badarpur Primay Milk Production Co-operative Society Limited – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. propagation of agm disputes and legitimacy (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. consequences of agm non-compliance (Para 10 , 11) |
| 3. arguments regarding agm validity and timeline (Para 12 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. court's critical view on reasonings presented (Para 21 , 22 , 23 , 24) |
| 5. directions for evidence gathering and decision remittance (Para 25 , 26 , 27 , 28 , 29 , 30) |
JUDGMENT :
Ashutosh Kumar, CJ.
We have heard Mr. S. Banik, learned Advocate for the appellants and Mr. S.K. Talukdar, learned Standing Counsel, Cooperation Department for the respondent Nos.1, 2 & 3. We have also heard Mr. B. Sinha, learned Advocate for the respondent No.4.
2. By the impugned judgment dated 15.07.2024 passed in WP(C) No763/2023, a learned Single Judge of this Court has held that the appellant/Board gets dissolved for not complying with the provisions of Section 39 of the Assam Co-operative Societies Act, 2007 (hereinafter to be referred as “Act of 2007”). As a sequel to this, the next election held on 17.04.2022 and approved on 25.04.2022 is also rendered non est in the eyes of law.
3. Short facts, which would be necessary for disposal of this case, are that the appell
An AGM not held within the statutory timeframe leads to automatic dissolution of a cooperative board; disputes regarding procedural validity must be examined with evidence and not adjudicated through....
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 Registrar's disapproval of the AGM/Election was arbitrary and lacked proper reasoning, violating the principles of natural justice.
A meeting of a cooperative society cannot be deemed valid if it does not meet the quorum requirements at its commencement, and subsequent meetings cannot transact business if the initial meeting was ....
Point of Law : Meeting held which was a meeting in terms with Section 34(2) of Act of 2007 could not have been held without having the minimum quorum of 10% of the shareholders.
Compliance with statutory procedures and the authority of the Registrar in resolving disputes under the Assam Cooperative Societies Act, 2007.
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 ....
Appointment of a one man committee is only as an interim measure for convening meeting and holding election.
The power of the Registrar to dissolve the Board of a society under Section 78(1) of the Manipur Co-operative Societies Act 1976 includes the authority to remove the Board, and compliance with the pr....
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