GAHC010263642025

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6767/2025 ANANDA DEY AND 3 ORS

S/O.- LATE HARIMOHAN DEY, R/O- BOGLIGOOL, P.O. ANGLARBAZAR,

DIST. SRIBHUMI, ASSAM.

2: MANABENDRA DEY

S/O.- LT. MONORANJAN DEY

R/O VILL. JHUMBASTI

P.O. BADARPUR DIST. SRIBHUMI

ASSAM.

3: RUNILA CHETIA W/O.- ASIT CHUTIA

R/O- VILL. AND P.O. ADORKUNA

DIST. SRIBHUMI

ASSAM.

4: DIPAK BHADRA

S/O.- LT. BHUPESH CH. BHADRA

VILL. DHARMANAGAR BASTI

P.O. BADARPUR DIST. SRIBHUMI

ASSAM VERSUS

THE STATE OF ASSAM AND 20 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM, COOPERATION DEPTT., DISPUR, GUWAHATI-6.

2:THE REGISTRAR OF COOP. SOCIETIES

ASSAM

KHANAPARA

GUWAHATI-22.

3:THE ZONAL JT. REGISTRAR OF COOP. SOCIETIES SILCHAR ZONE SILCHAR ASSAM

4:THE ASSTT REGISTRAR OF COOP SOCIETIES SRIBHUMI DISTRICT SRIBHUMI ASSAM

5:THE OFFICER ON MANAGEMENT GREATER BADARPUR PRIMARY MILK PRODUCTION C/S LTD.

BADARPUR SRIBHUMI DIST.

ASSAM

6:THE RETURNING OFFICER GREATER BADARPUR PRIMARY MILK PRODUCTION C/S LTD.

BADARPUR SRIBHUMI DIST.

ASSAM

7:S/H NO. 270 MAHABUB HUSSAIN S/O.- MONJUL HOQUE VILL. ALEKHARGOOL BADARPUR SRIBHUMI ASSAM.

8:S/H NO. 464 HUSSAIN AHMED S/O ABDUL KADIR VILL. KAZIRGRAM BADARPUR SRIBHUMI ASSAM.

9:S/H NO 448 SAFRUL HUSSAIN S/O ABDUL KAYUM VILL. KAMLAPARA BADARPUR SRIBHUMI ASSAM.

10:S/H NO 438 MOINUL HOQUE S/O ABDUL SUKKUR VILL. ALEKHARGOOD BADARPUR SRIBHUMI ASSAM.

11:S/H NO 381 BISHAL PRASAD ROY S/O ARUN PRASAD ROY VILL. NETAJI NAGAR BADARPUR SRIBHUMI ASSAM.

12:S/H NO 92 SRIBASH DAS S/O GOPAL DAS VILL. MAZERGOOL BADARPUR SRIBHUMI ASSAM.

13:S/H NO 268 NIZAM UDDIN S/O SAJJAD ALI VILL. MAHAKAL BADARPUR SRIBHUMI ASSAM.

14:S/H NO 477 MANABENDRA DHAR ROY S/O J.P.D. ROY VIL. JUMBASTI BADARPUR SRIBHUMI ASSAM.

15:S/H NO 273 ZUNAID AHMED S/O ABDUL LATIF VILL. ALEKHARGOOL BADARPUR SRIBHUMI ASSAM.

16:S/H NO 293 ABUL HUSSAIN S/O AMIR ALI VILL. ALEKHARGOOL BADARPUR SRIBHUMI ASSAM

17:S/H NO 452 BIBHUTI DAS S/O NIRANJAN DAS VILL. BHANGA BADARPUR SRIBHUMI ASSAM

18:S/H NO 271 SMT UMA BISWAS W/O CITU BISWAS VILL. CHOWLIBILL BADARPUR SRIBHUMI ASSAM.

19:S/H NO 204 SMT UJJALA BISWAS W/O JADAV BISWAS VILL. JUMBASTO BADARPUR SRIBHUMI ASSAM.

20:S/H NO 36 BIJU DEY S/O HARI MOHAN DEY VILL. BOGLIGOOD BADARPUR SRIBHUMI ASSAM.

21:S/H NO 442 MD KAZAL HUSSAIN S/O MD. SAMSUL HOQUE VILL. BAKARSHAL BADARPUR SRIBHUMI ASSAM Advocate for the Petitioner : MR B SINHA, MR. H ISLAM Advocate for the Respondent : SC, CO OP, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

ORDER

28.11.2025 Date :

Heard Mr. B. Sinha, learned counsel for the petitioner.

2. By filing this petition, the petitioner has put to challenge the notice for election of the Board of Directors of Greater Badarpur Primary Milk Production Cooperation Society Limited, Badarpur in Sribhumi on the ground that the returning officer, has issued a notice with an agenda for election to the members of Board of Directors without preparation and publication of the electoral roll in violation of the provision of Assam Cooperative Societies Act, 2007 and the Rules framed there-under.

3. It is the contention of Mr. B. Sinha, learned counsel for the petitioner that the returning officer illegally relied on the voters list prepared by the earlier Board of Director, which has reduced the voters from 400 to only 101. He submits that as per the Rule 3(h)(i) of the Assam Cooperative Societies Election Rules, 2019, the voter list/electoral roll has to be published before 30 days of the date of election. He further submits that as per Section 35(2), the Board should be consist of 20 members as directors, whereas, as per the impugned notice of the election, the returning officer has fixed the members to 15. The electoral roll, which is not published before 30 days, cannot be relied upon, more so, same was prepared by the earlier Board of Directors, which has been dissolved. Therefore, he submits that pending consideration of the issue, the election which is sought to be conducted on 30.11.2025, may be stayed.

4. Issue notice,