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.

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, upon examination of the attendance sheet and after hearing the stakeholders, by the impugned order dated 21.09.2023, disapproved the said election. The writ petitioners, who were the beneficiaries of the uncontested election, assailed the aforesaid order in WP(C) No. 1476/2024.

6. The learned Single Judge, by the aforenoted judgment and order (oral) dated 31.08.2024, interfered with the decision of the Registrar on the reasoning that the alleged anomalies were sweeping in nature, no material was shown as to how the uncontested election stood materially affected, and that the complaint filed by the appellant lacked substantiation.

7. The important facts require consideration for proper adjudication of the controversy in a nutshell are to the effect that the Zonal Joint Registrar of Co-operative Societies, Silchar Zone, Silchar, by order dated 17.12.2022, appointed a “One-man Committee” to manage the affairs of the society and to convene the AGM/Election within 90(ninety) days for constitution of a new Managing Committee /Board of Directors in terms of Section 41 (6) of the Assam Co-operative Societies Act, 2007 (hereinafter referred to as the Act, 2007) as the earlier Board failed to held election in terms of section 41(4) of the Act’2007.

8. Thereafter, in a meeting held on 26.12.2022, a resolution was adopted for the correction of the Voters List, fixing the submission of applications for correction of eligible voters and for substitution of the legal heirs in place of dead persons from 14.01.2023 to 31.01.2023.

9. Subsequently, the notice was also published in two local newspapers on 11.01.2023. Some applications for substitution against deceased voters were received. A correction was also carried out, and a final Voter List was published and approved by the concerned Registrar.

10. Thereafter, the election schedule was notified, providing dates for filing and withdrawal of nominations and for holding the AGM/ Election for 15 Executive Members. 17 Nominations