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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ASHUTOSH KUMAR, ARUN DEV CHOUDHURY
Ayesha Sultana Choudhury, D/O- Habibur Rahman Choudhury – Appellant
Versus
State Of Assam And To Be Represented By The Commissioner And Secretary To The Government Of Assam, Cooperation Department – Respondent
| Table of Content |
|---|
| 1. hearing of the parties and appeal timeline. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. discussions on the agm/election proceedings. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. arguments on election irregularities. (Para 15 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. observations on statutory compliance requirements. (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 5. analysis of the nature of irregularities. (Para 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46) |
| 6. examination of election authority's jurisdiction. (Para 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54) |
| 7. discussion on authority and election fairness. (Para 55 , 56 , 57 , 58 , 59) |
| 8. final remarks on judicial review and reasoning. (Para 60 , 61 , 62 , 63 , 64 , 65) |
| 9. conclusion affirming the learned single judge's order. (Para 66 , 67) |
JUDGMENT :
Arun Dev Choudhury, J.
1. We have heard Mr. H. K. Das, learned counsel for the appellant. Also heard Mr. S. K. Talukdar, learned Standing Counsel for the Co-operation Department representing the respondent Nos. 1, 2, 3 and 3; Mr. S. Banik, learned counsel and Mr. H. I. Choudhury, learned counsel for the respondent Nos. 6, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18 & 19.
2. The present
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.
The Assistant Registrar of Cooperative Societies lacks jurisdiction over election disputes, which must be adjudicated by the Cooperative Election Commission per the relevant regulations.
Appointment of a one man committee is only as an interim measure for convening meeting and holding election.
The judgment clarified the limited grounds for interference with an election process and emphasized that the Registrar's authority does not extend to directing re-scrutiny of rejected nominations.
Compliance with statutory election procedures within cooperative societies is mandatory to ensure valid electoral processes; neglecting to notify ineligible voters invalidates election actions.
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