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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
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 appeal calls into question the correctness of the judgment and order (oral) dated 31.08.2024, passed in WP(C) No. 1476/2024, whereby the learned Single Judge interfered with an order dated 21.09.2023 of the Registrar of Co-operative Societies, Assam.
3. By the order dated 21.09.2023, impugned in the writ petition, the Registrar of Co-operative Societies, Assam, declined to approve the Annual General Meeting(AGM)/Election for the constitution of the Board of Directors of Meherpur Krishnapur Co- operative Society Ltd. held on 18.03.2023 (hereinafter referred to as the Society).
4. The dispute in the present intra-Court appeal thus centres upon the legality of the Annual General Meeting and the election of the Board of Directors of Society on 18.03.2023.
5. The Registrar of Co-operative Societies, Assam,
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.
Point of law: Exclusion or inclusion of the names in the voters list does not warrant interference by this Court under Article 226 of the Constitution of India and such questions are to be decided in....
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