Gauhati High Court
Ananda Das vs The State Of Assam And 7 Ors on 29 April, 2022
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/9
GAHC010082532022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2872/2022
ANANDA DAS
S/O. LT. BASANTA DAS, VILL. DIGHALTARANG, P.O. DIGHALTARANG, P.S.
BAGHJAN, DIST. TINSUKIA, ASSAM, PIN-786601.
VERSUS
THE STATE OF ASSAM AND 7 ORS.
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, CO-
OPERATION DEPTT., ASSAM SECRETEARIAT, DISPUR, GUWAHATI-781006.
2:THE REGISTRAR OF CO-OPERATIVE SOCIETIES
ASSAM
KHANAPARA
GUWAHATI-781022.
3:THE ZONAL JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
JORHAT
ASSAM
PIN-785001.
4:THE ASSTT. REGISTRAR OF CO-OPERATIVE SOCIETIES
TINSUKIA
P.O. AND DIST. TINSUKIA
ASSAM
PIN-786601.
5:THE DEPUTY COMMISSIONER
TINSUKIA DISTRICT
Page No.# 2/9
P.O. AND DIST. TINSUKIA
ASSAM
PIN-786125.
6:DIBRU DANGARI RIVER PART-I MEEN SAMABAY SAMITY LTD.
REP. BY ITS OFFICER ON MANAGEMENT
SHRI SIMANATA TAYE
HAVING OFFICE AT VILL DIGHALTARANG
P.O. DIGHALTARANG
P.S. BAGHJAN
DIST. TINSUKIA
ASSAM
PIN-786601.
7:THE SECRETARY
DIBRU DANGARI RIVER PART-I MEEN SAMABAY SAMITY LTD.
DIGHALTARANG
P.O. DIGHALTARANG
P.S. BAGHJAN
DIST. TINSUKIA
ASSAM
PIN-786601.
8:THE RETURNING OFFICER
DIBRU DANGARI RIVER PART-I MEEN SAMABAY SAMITY LTD.
DIGHALTARANG
P.O. DIGHALTARANG
P.S. BAGHJAN
DIST. TINSUKIA
ASSAM
PIN-786601
Advocate for the Petitioner : MR. P D NAIR
Advocate for the Respondent : GA, ASSAM
Linked Case : WP(C)/2901/2022
PROMOD DAS AND ANR
S/O- LT. KAMINI DAS
Page No.# 3/9
R/O- DIGHALTARANG
P.O. DIGHALTARANG
P.S. BAGHJAN
PIN- 786151
DIST.- TINSUKIA
ASSAM.
2: JAHARLAL DAS
S/O- LT. RADHA CHARAN DAS
R/O- DIGHALTARANG
P.O. DIGHALTARANG
P.S. BAGHJAN
PIN- 786151
DIST.- TINSUKIA
ASSAM.
VERSUS
THE STATE OF ASSAM AND 12 ORS
REP. BY THE ADDL. CHIEF SECY. TO THE GOVT. OF ASSAM
COOPERATION DEPTT.
DISPUR
GHY.- 781006.
2:THE JT. REGISTRAR OF COOPERATIVE SOCIETIES (G)
KHANAPARA
GHY.- 781022.
3:THE ASSTT. REGISTRAR OF COOPERATIVE SOCIETIES
TINSUKIA
DIST.- TINSUKIA
ASSAM
PIN- 786125.
4:JUNIOR INSPECTOR CUM AUDITOR OF COOPERATIVE SOCIETIES
TINSUKIA
SRI SIMANTA TAYE
O/O THE ASSTT. REGISTRAR OF CO-OPERATIVE SOCIETIES
TINSUKIA
TINSUKIA DISTRICT
ASSAM
PIN- 786125.
5:PRASANTA KONWAR
INSPECTOR/ AUDITOR OF COOP SOCIETIES
RETURNING OFFICER
TINSUKIA
ASSAM.
6:ULEN KONWAR
JUNIOR INSPECTOR/ AUDITOR OF COOP SOCIETIES
RETURNING OFFICER
TINSUKIA
Page No.# 4/9
ASSAM.
7:BIKASH DAS
EX-OFFICIO SECRETARY OF DIBRU DANGORI RIVER PART-I MEEN
SAMANBAY SAMITY LTD
R/O- VILL. AND P.O.- DIGHALTARANG
P.S. BAGHJAN
TINSUKIA
ASSAM. PIN- 786601.
8:DY. COMMISSIONER
TINSUKIA
DIST.- TINSUKIA
ASSAM.
9:NAYAN JYOTI BHAGAWATI
DIST. DEVELOPMENT OFFICER
O/O THE DY. COMMISSIONER
TINSUKIA
ASSAM.
10:ANANDA DAS
S/O- LT. BASANTA DAS
R/O- DIGHALTARANG
P.O.- DIGHALTARANG
P.S. BAGHJAN
PIN- 786151
DIST.- TINSUKIA
ASSAM.
11:KHITENDRA DAS
S/O- LT. DINESH DAS
R/O- DIGHALTARANG
P.O.- DIGHALTARANG
P.S. BAGHJAN
PIN- 786151
DIST.- TINSUKIA
ASSAM.
12:MANORANJAN DAS
S/O- LT. KARTIK DAS
R/O- DIGHALTARANG
P.O.- DIGHALTARANG
P.S. BAGHJAN
PIN- 786151
DIST.- TINSUKIA
ASSAM.
13:DILIP DAS
S/O- LT. LALIT DAS
R/O- DIGHALTARANG
P.O.- DIGHALTARANG
P.S. BAGHJAN
PIN- 786151
DIST.- TINSUKIA
Page No.# 5/9
ASSAM.
------------
Advocate for : MS. U BARUAH
Advocate for : SC
CO OP appearing for THE STATE OF ASSAM AND 12 ORS
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
29-04-2022 In WP(C) No. 2872/2022, heard Mr. H. Rohman, learned counsel for the petitioner and Mr. S. K. Talukdar, learned Standing counsel, Co-operation Department for the respondent Nos. 1 to 4 & 8. Also heard Mr. D. K. Sarmah, learned Additional Senior Government Advocate, Assam for the respondent No. 5 and Ms. U. Baruah, learned Senior counsel assisted by Mr. D. J. Medhi, learned counsel for the Caveator.
In WP(C) No. 2901/2022, heard Ms. U. Baruah, learned Senior counsel assisted by Mr. D. J. Medhi, learned counsel for the petitioners and Mr. S. K. Talukdar, learned Standing counsel, Co- operation Department for the respondent Nos. 1 to 4. Also heard Mr. D. K. Sarmah, learned Additional Senior Government Advocate, Assam for the respondent No. 8 and Mr. H. Rohman, learned counsel for the respondent No. 10.
Both the matters relate to the impugned Notice dated 20.04.2022 issued by the Presiding Officer of Dibru-Dangari River Part-I Meen Samabay Samittee Limited, Dighaltarang, District-Tinsukia (hereinafter referred to as the said Samabay Samittee) pertaining to holding of the Annual General Meeting (AGM) of the said Samabay Samittee for the year 2022-23 and for election to the post of Members of the Board of Directors of the said Samabay Samittee. As such, the Court decided to consider both the petitions together, to which the learned counsels for the parties have no objection.
The petitioner of WP(C) No. 2872/2022 who is the respondent No. 10 in WP(C) No. 2901/2022, is a shareholder of said Samabay Samittee has filed this writ petition praying amongst others to set aside and quash the Notice dated 20.04.2022 issued by the Presiding Officer of the said Samabay Samittee declaring the time and date of its AGM for the year 2022-2023 and election to the post of Members of the Board of Directors of the said Samabay Samittee fixing 09:00 am of 05.05.2022 for Page No.# 6/9 the said AGM and election in the premises of Sarbajanin Durga Puja Mandap of Dighaltarang Tinali.
Petitioner of WP(C) No. 2872/2022 submitted that the Voters List of the said Samabay Samittee published by the authority concerned is incorrect one that contains the names of different members of the same family who are the shareholders of said Samabay Samittee and that without correcting the Voters List, the respondent authorities are going to conduct the election of said Samabay Samittee on 05.05.2022 as notified in the impugned notice dated 20.04.2022.
It is stated that the same being not in conformity with the Rules of the said Samabay Samittee, the petitioner of said WP(C) No. 2872/2022 with four others on 19.04.2022 submitted a representation before the Deputy Commissioner, Tinsukia regarding the said incorrect Voters List of said Samabay Samittee on the basis of which its AGM for the year 2021-2022 and election is scheduled on 05.05.2022 at 09:00 am in the specified venue.
It is also placed before the Court by Mr. Rohman, learned counsel for the petitioner of WP(C) No. 2872/2022 that pursuant to their said representation dated 19.04.2022, the District Development Commissioner, Tinsukia vide No. TPL.17/2022/Cooperative/13 dated 25.04.2022 issued Notice of Hearing on 27.04.2022 at 03:00 pm in his chamber in respect of the Voters List published for General Meeting of the said Samabay Samittee for the year 2021-2022 directing the Assistant Registrar of Co- operative Societies, Tinsukia; the Secretary of said Samabay Samittee, the petitioner and three other persons, namely, Manoranjan Das, Dilip Das and Khitendra Das, all from Dighaltarang, Tinsukia to present before the said authority on the date and time so fixed.
Mr. Rohman, learned counsel for the petitioner of WP(C) No. 2872/2022 submits that though hearing took place on 27.04.2022, but till date, no such decision has been passed by the District Development Commissioner, Tinsukia with regard to the said hearing.
With regard to WP(C) No. 2901/2022, Ms. Baruah, learned Senior counsel submitted that the petitioners are also the shareholders of the said Samabay Samittee and their prayer before the Court is that in terms of the said Notice dated 20.04.2022 issued by the concerned Presiding Officer, the AGM of the said Samabay Samittee as well as election to the post of the Members of Board of Directors of the said Samabay Samittee should be held on 05.05.2022 on the basis of the Voters List of the said Samabay Samittee already published and the said process should not be stalled by interfering the impugned notification dated 20.04.2022 issued by the concerned Presiding Officer.
Ms. Baruah, learned Senior counsel for the petitioners of WP(C) No. 2901/2022 stated that the Executive Officer as well as the Secretary of said Samabay Samittee on 14.03.2022 issued proper Page No.# 7/9 notice to all the shareholders concerned of the said Samabay Samittee to verify as to whether their names have been rightly included/incorporated in the up-to-date Voters List of said Samabay Samittee or not and to submit their objection, if any, on or before 23.03.2022 before the Office of the said Samabay Samittee or before the Secretary of the said Samabay Samittee along with the relevant documents in writing in that regard, specifying that after 23.03.2022, any such objection regarding the names of the shareholders in the up-to-date Voters List of the said Samabay Samittee shall not be accepted.
Ms. Baruah, learned Senior counsel for the petitioners of WP(C) No. 2901/2022 has also placed a copy of the order dated 30.05.2017 passed in WP(C) No. 3225/2017 ( Bhokto Das Vs. State of Assam and 7 others), wherein the Court while issuing notice on 30.05.2017 also passed an interim order that until the returnable date, i.e., 16.06.2017, the Voters List of the shareholders of the said Samabay Samittee shall not be altered by the respondent authorities without the leave of the Court as at that point of time, an appeal was pending before the Registrar of Co-operative Societies in that regard.
However, at subsequent stage of the said WP(C) No. 3225/2017, it was withdrawn by its petitioner namely, Bhokto Das and accordingly, the said writ petition was dismissed on withdrawal.
It is to be noted herein that the State Government in the Co-operation Department in exercise of the powers conferred by Sections 131(1) read with Section 41 (3) of the Assam Co-operative Societies Act, 2007 as amended vide Notification No. COOP.272/2013/184 dated 31.12.2019 formulated the Assam Co-operative Societies' Election Rules, 2019 for smooth conduct of the election of the registered Co-operative Societies registered under the Co-operative Societies Act.
The said Assam Co-operative Societies' Election Rules, 2019 came into force w.e.f. 27.01.2020, i.e., the date of its publication in the Assam Gazette Extraordinary on 27.01.2020.
Since the said 2019 Election Rules being formulated under Section 131 (1) read with Section 41(3) of the said 2007 Act, it has the statutory force. Rule 23 of the said 2019 Election Rules relates to 'Re-Election', which stipulates as follows:-
"The Election Authority may order for re-election, after declaring the election null and void for sufficient reasons, and after enquiry, if he is convinced that the process of election was grossly vitiated or violated contrary to the laws at any stage of the election process."
Rule 27 of the said 2019 Election Rules specifies about 'Redressal of Disputes' and it reads as Page No.# 8/9 follows:-
"(a) Any dispute relating to election of a Cooperative Society may be submitted within 3 (three) days from the date of declaration of the results, before the Election Authority.
(b) The Election Authority, shall make an enquiry upon the dispute on the basis of the relevant records and pass necessary order(s)."
Rule 2(f) of the said 2019 Election Rules defines the 'Election Authority' as follows:-
"Election Authority" means the Registrar of Cooperative Societies, or any officer to whom the powers of election are delegated."
The said statutory 2019 Rules does not have any such provisions for redressal of such election disputes relating to Co-operative Societies registered under the Co-operative Societies Act by the Deputy Commissioner or by the District Development Commissioner of the concerned District.
Since the election of said Dibru Dangari River Part-I Meen Samabay Samittee Limited has already been notified by the concerned Presiding Officer on 20.04.2022 fixing 05.05.2022 for the AGM of the said Samabay Samittee for the year 2022-23 as well as for election to the post of the Members of the Board of Directors of the said Samabay Samittee, the petitioner of WP(C) No. 2872/2022, if so wishes, may take the recourse to the Rule 27 of the said 2019 Rules as noted above within three days from the date of declaration of the result of the election of the said Samabay Samittee scheduled on 05.05.2022 by filing appropriate application before the concerned Election Authority.
In the event of filing such application by the petitioner under Rule 27 of the said 2019 Election Rules, the concerned Election Authority as provided, after making proper enquiry upon the dispute on the basis of the relevant documents, shall pass necessary order in that regard.
Since the petitioner of WP(C) No. 2872/2022 has alternative remedy under Rule 27 of the said 2019 Election Rules of the Co-operative Societies and as the election of the said Samabay Samittee has already been notified by the impugned Notice dated 20.04.2022 issued by the concerned Presiding Officer and the Voters List of the said Samabay Samittee, as noted above, has been updated after issuance of proper notice on 14.03.2022, as already observed above, this Court in exercise of its power conferred under Article 226 of the Constitution of India, for the reasons stated above, is not inclined to interfere with the process of the Annual General Meeting as well as the process of election to the post of Members of the Board of Directors of the Dibru Dangari River Part-I Meen Samabay Page No.# 9/9 Samittee Limited, Dighaltarang, District-Tinsukia in terms of the impugned notice of the AGM of the said Samabay Samittee for the year 2022-23 dated 20.04.2022 as well as the election of the said Samabay Samittee in terms of the impugned notice dated 20.04.2022 issued by the concerned Presiding Officer as fixed on 05.05.2022.
Considering the above, the WP(C) No. 2872/2022 being devoid of merit, stands dismissed.
Since the Court has not interfered with the process of ensuing Annual General Meeting as well as the process of election to the post of Members of the Board of Directors of the Dibru Dangari River Part-I Meen Samabay Samittee Limited, Dighaltarang, District-Tinsukia in terms of the impugned notice of the AGM of the said Samabay Samittee for the year 2022-23 dated 20.04.2022 as well as the election of the said Samabay Samittee in terms of the impugned notice dated 20.04.2022 issued by the concerned Presiding Officer, scheduled on 05.05.2022, as ordered above, the WP(C) No. 2901/2022 is accordingly allowed.
It is made clear that even if the District Development Commissioner, Tinsukia pursuant to the hearing held on 27.04.2022 in terms of the notice of hearing dated 25.04.2022 issued by the said authority on the basis of the application of the petitioner of WP(C) No. 2872/2022 and four others, noted above, passes any order on the said application, either restraining or cancelling the said election on the alleged incorrect Voters List of the said Samabay Samittee, the same shall not have any effect or impact on the scheduled AGM and election of the said Samabay Samittee as the concerned statutory Rules, i.e., the Assam Co-operative Societies' Election Rules, 2019 does not prescribe any provisions for consideration of any such election dispute of the registered Co-operative Societies, more particularly, after issuance of election notification issued by the concerned Presiding Officer.
With the observation and direction, both the writ petitions disposed of accordingly.
JUDGE Comparing Assistant