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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
RAJESH MAZUMDAR
Md. Tultul Hussain, S/o. Md. Tafajul Hussain – Appellant
Versus
State Of Assam, rep. By the principal secretary to the govt. Of assam, co-operation dept. – Respondent
| Table of Content |
|---|
| 1. petition for directing elections due to unfilled board posts. (Para 1 , 2 , 3) |
| 2. arguments regarding quorum and validity of elections. (Para 6 , 7 , 8 , 9) |
| 3. court analysis on quorum and election validity. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 4. order for urgent steps to fill board vacancies. (Para 16 , 17 , 18 , 19) |
JUDGMENT :
RAJESH MAZUMDAR, J.
Heard Mr K.N. Choudhury, learned Senior Counsel, assisted by Mr N Gautam, learned counsel appearing for the petitioner. Also heard Mr S K Talukdar, learned counsel appearing for the respondent Nos. 1 to 3; and Mr P Hazarika, learned counsel appearing for the respondent Nos. 6 to 13, who are the elected members of the Board of Directors of the Kheremia Samabay Samiti Limited, Tingrai Chariali, Hoogrijan, Dibrugarh, Assam.
2. This writ petition had been instituted in the year 2022 by the petitioner, who professes to be a duly elected Director of the Kheremia Samabay Samity Limited (hereinafter, referred to as-“the Society”, for short).
3. The case of the petitioner is that the term of the Board of Directors of the Society expired in the year 2021, and due to reasons not explained in the writ petition, the election to the Board of
Quorum for cooperative society elections is satisfied with a majority of present Directors, allowing elections to proceed even with vacant posts.
The President's presence was not essential in the special meeting for a motion of no confidence, and the calculation of majority was clarified by the court.
The court established that the timely conduct of elections for office bearers in cooperative societies is a legal obligation, not subject to arbitrary delays.
The Registrar's disapproval of the AGM/Election was arbitrary and lacked proper reasoning, violating the principles of natural justice.
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 ....
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.
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