Gauhati High Court
Abdul Khalek And 2 Ors vs The State Of Assam And 19 Ors on 19 December, 2019
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/7
GAHC010308862019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 9376/2019
1:ABDUL KHALEK AND 2 ORS.
S/O- LATE MUZAFAR ALI, R/O- VILL- NELLIE, P.O- NELLIE, P.S- JAGIROAD,
DIST- MORIGAON, ASSAM, PIN- 782412
2: ACHIT KUMAR CHAUDHURY
S/O- LATE ABANI CHOUDHURY
R/O- VILL GANESH VALLEY
P.O- NELLIE
P.S- JAGIROAD
DIST- MORIGAON
ASSAM
PIN- 782412
3: KHAIRUL ISLAM
S/O- LATE HABIBULLA
R/O- VILL- BASUNDHARI
P.O- NELLIE
P.S- JAGIROAD
DIST- MORIGAON
ASSAM
PIN- 78241
VERSUS
1:THE STATE OF ASSAM AND 19 ORS
REP. BY THE SECRETARY TO THE GOVT OF ASSAM, COOPERATIVE DEPTT,
DISPUR, GUWAHATI- 06
2:THE REGISTRAR OF COOPERATIVE SOCIETIES
ASSAM
KHANAPARA
GUWAHATI- 22
3:THE ZONAL REGISTRAR OF COOPERATIVE SOCIETIES
Page No.# 2/7
GUWAHATI ZONE
BHANGAGARH
GUWAHATI- 05
4:THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES
MORIGAON
DIST- MORIGAON
ASSAM
PIN- 782105
5:SILCHANG S S LTD
REP. BY ITS SECRETARY
P.O- NELLIE
P.S- JAGIROAD
DIST- MORIGAON
ASSAM
PIN- 782412
6:MAINUL HAQUE
S/O- MD. ABDUL KHALEK
R/O- VILL- NELLIE
P.O- NELLIE
P.S- JAGIROAD
DIST- MORIGAON
ASSAM
PIN- 782412
7:TAPAN BARDOLOI
S/O- LATE DAKHAL BARDOLOI
R/O- VILL- SILCHANG
P.O- SILCHANG
DIST- MORIGAON
ASSAM
PIN- 782105
8:IBRAHIM ALI
S/O- HAZRAT ALI
R/O- VILL- DAHATI HABI
P.O- NELLIE
DIST- MORIGAON
ASSAM
PIN- 782412
9:GEETA DAS
W/O- UNKNOWN
R/O- VILL- KUMARBARI
P.O- NELLIE
DIST- MORIGAON
Page No.# 3/7
ASSAM
PIN- 782412
10:NABI HUSSAIN
S/O- LATE ABDUL HAKIM
R/O- VILL NELLIE
P.O- NELLIE
P.S- JAGIROAD
DIST- MORIGAON
ASSAM
PIN- 782412
11:BIJU KUMAR KAKATI
S/O- SRI BINDA KUMAR KAKATI
R/O- VILL- PALAHGURI
P.O- NELLIE
DIST- MORIGAON
ASSAM
PIN- 782412
12:AMJAT ALI
S/O- LATE TAIB ALI
R/O- VILL- NELLIE
P.O- NELLIE
P.S- JAGIROAD
DIST- MORIGAON
ASSAM
PIN- 782412
13:SENIMAI PATOR
W/O- KALI DAS PATOR
R/O- VILL- NEW MAKARIA
P.O- NELLIE
DIST- MORIGAON
ASSAM
PIN- 782412
14:PUSPA KANTA BARDOLOI
S/O- LATE DHADUA BARDOLOI
R/O- VILL- KUMARBARI
P.O- NELLIE
DIST- MORIGAON
ASSAM
PIN- 782412
15:RAJAT KONWAR
S/O- LATE FAGUNA KONWAR
R/O- VILL- SILCHANG
Page No.# 4/7
P.O- SILCHANG
DIST- MORIGAON
ASSAM
PIN- 782105
16:NAREN DAS
S/O- LATE MOHAN SIL DAS
R/O- VILL- DAKHIN DHARAMTUL
P.O- DHARAMTUL
DIST- MORIGAON
ASSAM
PIN- 782412
17:RAGHUBAR DAS
S/O- LATE JADURAM DAS
R/O- VILL- DAKHIN DHARAMTUL
P.O- DHARAMTUL
PIN- 782412
DIST- MORIGAON
ASSAM
18:ANOWAR HUSSAIN
S/O- AKHTAR ALI
R/O- VILL- BASUNDHARI
P.O- DHARAMTUL
PIN- 782105
DIST- MORIGAON
ASSAM
19:NARAYAN KANTA DEY
S/O- LATE SUDHIR RANJAN DEY
R/O- VILL- GANESH VALLEY
P.O- NELLIE
PIN- 782412
DIST- MORIGAON
ASSAM
20:ZIABUR RAHMAN
S/O- HAKIM ALI
R/O- VILL- MATIPARBAT
P.O- DHARAMTUL
PIN- 782105
DIST- MORIGAON
ASSA
Advocate for the Petitioner : MR S N SARMA SENIOR ADVOCATE
Advocate for the Respondent : SC, CO OP
Page No.# 5/7
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 19-12-2019 Heard Mr. S.N. Sarma, learned Senior counsel assisted by Mr. B. Rahman, learned counsel for the petitioners. Also heard Ms. D.S. Neog, learned Standing counsel, Cooperation Department appearing for respondent nos. 1 - 4 and Mr. N.K. Hussain, appearing for private respondent no. 6.
Issue notice, returnable on 31.01.2020.
As the respondent nos. 1 - 4 and 6 have entered appearance through the learned counsel, no formal notices need to be issued to the said respondents. The learned counsel for the petitioners shall, however, furnish requisite number of extra copies to the learned counsel for the respondent nos. 1 - 4 and 6.
The petitioner shall take steps for service of notice on the remaining respondents by registered post with A/D within 5 (five) days.
Also heard on the interim prayer.
The 3 (three) petitioners herein, are shareholders of Silchang Samabay Samiti Ltd., Nellie. The primary ground that has been urged on behalf of the petitioners is that the Annual General Meeting held for the year 2017-2018 was convened on 27.09.2018 and due to lack of quorum on that day, the Annual General Meeting stood adjourned to 04.10.2018. It is submitted by Mr. Sarma that the Annual General Meeting was held in contravention of Section 39 of the Assam Cooperative Societies Act, 2007. Referring to Section 39 of the Assam Cooperative Societies Act, 2007 and a decision of a Division Bench of this Court dated 12.10.2018 passed in W.P.(C) No. 6918/2017, he has submitted that the Annual General Meeting of a Cooperative Society must be held within 30 th September. If a Annual General Meeting is held beyond 30th September, the same has to be held as invalid. As in the instant case, the Annual General Meeting was held on 04.10.2018, the same has to be held as Page No.# 6/7 invalid.
Controverting such submissions, Ms. Neog and Mr. Hussain have submitted, by placing Minutes of a Meeting held on 13.04.2018, that an Annual General Meeting of the Society was held on 19.04.2018.
Section 38 of the Assam Cooperative Societies Act, 2007 has prescribed the powers and functions of the Board and sub-section (10) of Section 38 has prescribed that the Board of the Cooperative Society has the power to hold Annual General Meeting in stipulated time. It transpires from the minutes placed by Mr. Hussain, that the Annual General meeting which was held on 19.04.2018, was not convened by any elected Board of Directors of the Cooperative Society and in that meeting, a new Board of Directors was elected.
The Division Bench in the order dated 12.10.2018 has categorically held as under :
"Section 39 of the 2007 Act leaves no room for any extension of time beyond 30 th September. Therefore, AGM of a cooperative society for a cooperative year must be held on or before 30th September of the succeeding cooperative year. There cannot be any extension of time, whether it is regular AGM or an adjourned AGM, on any ground whatsoever."
It has further observed that AGM must be held within 30 th September and if AGM is not held within 30th September there would be automatic dissolution of the defaulting Board of Directors and there is no scope for granting extension of time beyond the prescribed time limitation on any ground whatsoever. The question of the Board of Directors being on fault or not being on fault or whether the Board of Directors were prevented of consideration beyond their control for holding that AGM within the prescribed period are not at all relevant.
In view of the aforesaid authoritative pronouncement of the Division Bench, I am of the view that the petitioners have made a prima facie case for an interim order. Accordingly, it is directed that till the returnable date, the present Board of Directors of Silchang Samabay Samiti Ltd. shall be restrained from running the affairs of the Silchang Samabay Samiti Ltd. The respondent Departmental authorities are at liberty to take appropriate steps for appointment of an officer to run the affairs of the Society in accordance with the provisions of Page No.# 7/7 the Assam Cooperative Societies Act, 2007 during the aforesaid interim period.
JUDGE Comparing Assistant