Gauhati High Court
Altab Hussain vs The State Of Assam And 4 Ors on 5 August, 2021
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/34
GAHC010122572020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3917/2020
ALTAB HUSSAIN,
S/O- LATE KALA CHAN MIAN, VILL. AND P.O. MANDIA, DIST.- BARPETA,
ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, FOOD AND
CIVIL SUPPLIES DEPTT., DISPUR, GHY-6
2:THE REGISTRAR OF CO-OPERATIVE SOCIETIES
ASSAM
KHANAPARA
GHY-22
3:ZONAL JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
GUWAHATI ZONE
BHANGAGARH
GHY-5
4:THE DY. COMMISSIONER
BARPETA
DIST.- BARPETA
5:THE ASSTT. REGISTRAR OF COOPERATIVE SOCIETIES
BARPETA
DIST.- BARPETA
PIN- 78130
Advocate for the Petitioner : MR. S K DAS
Advocate for the Respondent : GA, ASSAM
Page No.# 2/34
Linked Case : WP(C)/3577/2020
BAREKURI SAMABAI SAMITY LTD.
A REGD. CO-OPERATIVE SOCIETY UNDER THE ASSAM CO-OPERATIVE
SOCIETIES ACT
2007
HAVING IT OFFICE ADDRESS AT MAKUM JUNCTION
DIST.- TINSUKIA
ASSAM AND REP. BY ITS CHAIRMAN
SRI SIMANTA MORAN
AGED ABOUT 47 YEARS
S/O- MOHIT MORAN
R/O- MAKUM JUNCTION GAON
P.O.- MAKUM JUNCTION
DIST.- TINSUKIA
PIN- 786170
ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
CO-OPERATION DEPTT.
DISPUR
GHY-06
2:THE REGISTRAR
CO-OPERATION DEPTT.
KHANAPARA
GHY-22
ASSAM
3:THE ASSTT. REGISTRAR OF CO-OPERATIVE SOCIETIES
TINSUKIA
PIN- 786126
ASSAM
4:THE DY. COMMISSIONER
TINSUKIA
PIN- 786126
ASSAM
------------
Advocate for : MR B KAUSHIK
Advocate for : GA
Page No.# 3/34
ASSAM appearing for THE STATE OF ASSAM AND 3 ORS.
Linked Case : WP(C)/2909/2021
BHABEN BORDOLOI AND ANR.
S/O LATE DAYARAM BORDOLOI
RESIDENT OF NALTOLI
PO BHUMARAGUN
DIST NAGAON
ASSAM
2: MS. MAMTA BORKAKOTY
D/O LATE JOGESH CHANDRA BORKAKOTY
RESIDENT OF PUB AMALOPOTTY NAGAR
PS AND DIST NAGAON
ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
CO OPERATIVE DEPARTMENT
DISPUR GUWAHATI 06
2:THE REGISTRAR OF CO OPERATIVE SOCIETIES
ASSAM
KHANAPARA
GUWAHATI 22
3:THE ZONAL JOINT REGISTRAR OF CO OPERATIVE SOCIETIES
GUWAHATI ZONE
BHANGAGARH
GUWAHATI 05
4:THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES
NAGAON
782001
5:THE DEPUTY COMMISSIONER
NAGAON
ASSAM
782001
------------
Advocate for : MR P DEKA
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 4 ORS.
Page No.# 4/34
Linked Case : WP(C)/3630/2020
TIPUK SAMABAI SAMITY LTD.
A REGD. CO-OPERATIVE SOCIETY UNDER THE ASSAM CO-OPERATIVE
SOCIETIES ACT
2007
HAVING ITS OFFICE ADDRESS AT RUPAI SIDING
PIN- 786153
DIST.- TINSUKIA
ASSAM AND REP. BY ITS CHAIRMAN
SRI DHARMENDRA SONOWAL
AGED ABOUT 51 YEARS
S/O- LT LILAKANTA SONOWAL
R/O- BIJOY NAGAR
OWGURI GAON
DIST.- TINSUKIA
PIN- 786153
ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
CO-OPERATION DEPTT.
DISPUR
GHY-06
2:THE REGISTRAR
CO-OPERATION DEPTT.
KHANAPARA
GHY-22
ASSAM
3:THE ASSTT. REGISTRAR OF CO-OPERATIVE SOCIETIES
TINSUKIA
PIN- 786126
ASSAM
4:THE DY. COMMISSIONER
TINSUKIA
PIN- 786126
ASSAM
------------
Advocate for : MR B KAUSHIK
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 3 ORS.
Page No.# 5/34
Linked Case : WP(C)/4525/2020
THE BOARD OF DIRECTORS OF NUMBERPARA CKAHLA S S LTD
REPRESENTED BY ITS PRESIDENT
ABED ALI KHAN
AGED ABOUT 47 YEARS
SON OF KASER ALI KHAN
RESIDENT OF VILLAGE KOKILA UTTERPARA
PS ABHAYAPURI
DIST BONGAIGAON
ASSAM 783392
VERSUS
THE STATE OF ASSAM AND 7 ORS
TO BE REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
CO OPERATIVE DEPARTMENT
DISPUR 6 ASSAM
2:THE REGISTRAR OF CO OPERATIVE SOCIETIES
ASSAM KHANAPARA
GUWAHATI 22
3:THE ADDITIONAL REGISTRAR OF CO OPERATIVE SOCIETIES CUM CHD
BTC
KOKRAJHAR
4:THE ZONAL JOINT REGISTRAR OF CO OPERATIVE SOCIETIES
GUWAHATI ZONE
BHANGAGARH
5:THE DISTRICT DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES
GOALPARA
6:THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES
NORTH SALMARA
ABHAYAPURI
BONGAIGAON
7:THE DEPUTY COMMISSIONER
BONGAIGAON ASSAM
------------
Advocate for : MD H R AHMED
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 7 ORS
Page No.# 6/34
Linked Case : WP(C)/3786/2020
LOHIT CHANDRA MORAN AND 7 ORS.
S/O- SRI BROJEN MORAN
R/O- QUARTER NO. 82
DULIAJAN OIL COLONY
P.O.- DULIAJAN
DIST. - DIBRUGARH
ASSAM.
2: SANTANU DUARAH
S/O- SRI GUNJA DUARAH
R/O- OIL HOUSING COLONY (SAP-1846)
P.O.- DULIAJAN
DIST.- DIBRUGARH
ASSAM.
3: HEMONTA NEOG
S/O- LT. MONGALA NEOG
R/O- MERBIL MAJULI
P.O.- KATHALGURI
DIST.- DIBRUGARH
ASSAM.
4: RONGMON HAZARIKA
S/O- LT. JERELA HAZARIKA
R/O- OIL HOUSING COLONY (B-267)
P.O.- DULIAJAN
DIST.- DIBRUGARH
ASSAM.
5: PRIYABAR GOGOI
S/O- LT. BIPIN GOGOI
R/O- OIL HOUSING COLONY (A-535)
P.O.- DULIAJAN
DIST.- DIBRUGARH
ASSAM.
6: PRADIP GOGOI
S/O- LT. LAKHESWAR GOGOI
R/O- 2ND NO. DULIAJAN
NEAR ST. XAVIERS SCHOOL
DULIAJAN
P.O.- DULIAJAN
DIST.- DIBRUGARH
ASSAM.
Page No.# 7/34
7: KARABI DOWARAH
D/O- LT. BHABEN PHUKAN
R/O- OIL HOUSING COLONY (SAP-1772)
P.O.- DULIAJAN
DIST.- DIBRUGARH
ASSAM.
8: ABHIJIT SAIKIA
S/O- SRI MADAM SAIKIA
R/O- NAHARKATIA DIGHOAPATHER VILLAGE
NAHARKATIA
DIST.- DIBRUGARH
ASSAM.
VERSUS
THE STATE OF ASSAM AND 6 ORS.
REP. BY THE COMMISSIONER AND SECY.
CO-OPERATION DEPT.
DISPUR
ASSAM.
2:REGISTRAR OF CO-OPERATIVE SOCIETIES
KHANAPARA
GUWAHATI.
3:ASSTT. REGISTRAR OF CO-OP. SOCIETIES
GOVT. OF ASSAM
TINSUKIA.
4:THE DY. COMMISSIONER
OFFICE OF THE DY. COMMISSIONER
DIBRUGARH DISTRICT
ADMINISTRATION BRANCH
ASSAM.
5:THE ADDL. DY. COMMISSIONER
OFFICE OF THE DY. COMMISSIONER
DIBRUGARH DISTRICT
ADMINISTRATION BRANCH
ASSAM.
6:THE ZONAL JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
JORHAT ZONE
JORHAT
ASSAM.
7:THE SR. INSPECTOR/AUDITOR OF CO-OPERATIVE SOCIETIES
OFFICE OF THE ASSTT. REGISTRAR OF CO-OPERATIVE SOCIETIES
TINSUKIA
ASSAM.
------------
Advocate for : MR G N SAHEWALLA
Page No.# 8/34
Advocate for : SC
CO OP appearing for THE STATE OF ASSAM AND 6 ORS.
Linked Case : WP(C)/3775/2020
BOARD OF DIRECTORS OF SUKCHAR S.S. LTD.
REP. BY ITS CHAIRMAN
MOSTAUR RAHMAN
AGED ABOUT 40 YEARS
S/O- LT. ABDUL HANIF SK
R/O- VILL- BERABHANGA
P.O. SUKCHAR
DIST.- SOUTH SALMARA
ASSAM
VERSUS
THE STATE OF ASSAM AND 6 ORS.
TO BE REP. BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM
CO-OPERATION DEPTT.
DISPUR
GHY-6
2:THE REGISTRAR OF CO-OPERATIVE SOCIETIES
ASSAM
KHANAPARA
GHY-22
3:THE ADDL. REGISTRAR OF CO-OPERATIVE SOCIETIES
BTC
KOKRAJHAR
P.O. AND DIST.- KOKRAJHAR
ASSAM
PIN-
4:THE DISTRICT DY. REGISTRAR OF COOPERATIVE SOCIETIES
DHUBRI
P.O. AND DIST.- DHUBRI
ASSAM
PIN-
5:THE DY. COMMISSIONER
SOUTH SALMARA
P.O. HATSINGIMARI
DIST.- SOUTH SALMARA
ASSAM
PIN-
6:THE ASSTT. REGISTRAR OF COOPERATIVE SOCIETIES
Page No.# 9/34
HATSINGIMARI
P.O. HATSINGIMARI
DIST.- SOUTH SALMARA
ASSAM
PIN-
7:THE UNION OF INDIA
REP. BY THE SECY.
HOME DEPTT.
NEW DELHI
------------
Advocate for : DR. B AHMED
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 6 ORS.
Linked Case : WP(C)/3938/2020
NALBARI WHOLESALE CONSUMERS CO-OPERATIVE SOCIETY
REPRESENTED BY ITS CHAIRMAN
HAVING ITS REGISTERED OFFICE AT WARD NO. 5
NALBARI TOWN PO MILANPUR
DIST NALBARI
ASSAM 781335
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
CO OPERATIVE DEPARTMENT DISPUR
GUWAHATI 781006
2:REGISTRAR OF CO OPERATIVE SOCIETIES ASSAM
KHANAPARA
GUWAHATI 781022
3:THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES
NALBARI
NALBARI ASSAM 781335
4:THE DEPUTY COMMISSIONER
NALBARI
NALBARI
ASSAM 781335
------------
Advocate for : MR. K M HALOI
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 3 ORS.
Page No.# 10/34
Linked Case : WP(C)/3387/2020
PASCHIM MANDIA SAMABAY SAMITTEE LTD. AND ANR.
REP. BY ITS CHAIRMAN NAMELY AYNAL HOQUE
AGED- 42 YEARS
S/O- LATE AKBAR ALI
VILL.- SATRAKONARA SEAT NO. 9
P.O. SATROKONARA
P.S. BAGHBAR
DIST.- BARPETA
ASSAM.
2: AYNAL HOQUE
S/O- LATE AKBAR ALI
VILL.- SATRAKONARA SEAT NO. 9
P.O. SATROKONARA
P.S. BAGHBAR
DIST.- BARPETA
ASSAM.
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
CO-OPERATION DEPARTMENT
DISPUR
GUWAHATI-6.
2:THE REGISTRAR OF CO-OPERATIVE SOCIETIES
ASSAM
KHANAPARA
GUWAHATI-22.
3:THE DEPUTY COMMISSIONER
BARPETA
ASSAM.
4:THE ASSTT. REGISTRAR OF CO-OPERATIVE SOCIETIES
BARPETA
ASSAM
------------
Advocate for : MR. A M KHAN
Advocate for : SC
CO OP appearing for THE STATE OF ASSAM AND 3 ORS.
Page No.# 11/34
Linked Case : WP(C)/3593/2020
TAHAJ UDDIN AHMED
S/O- LT. ABDUS SAMAD
VILL- PIRADHARA PT.I
P.O. PIRADHARA
P.S. ABHAYAPURI
DIST.- BONGAIGAON
ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
FOOD AND CIVIL SUPPLIES DEPTT.
DISPUR
GHY-6
2:THE REGISTRAR OF CO-OPERATIVE SOCIETIES
ASSAM
KHANAPARA
GHY-22
3:ADDL. REGISTRAR OF CO-OPERATIVE SOCIETIES CUM C.H.D.
B.T.C.
KOKRAJHAR
ASSAM
PIN- 783370
4:THE DY. COMMISSIONER
BONGAIGAON
DIST.- BONGAIGAON
5:THE SUB-DIVISIONAL OFFICE (C)
NORTH SALMARA
ABHAYAPURI
DIST.- BONGAIGAON
BONGAIGAON
ASSAM
PIN- 783384
6:THE ASSTT. REGISTRAR OF COOPERATIVE SOCIETIES
NORTH SALMARA
ABHAYAPURI
P.O. ABHAYAPURI
PIN- 783384
------------
Advocate for : MR. S K DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 5 ORS.
Page No.# 12/34
Linked Case : WP(C)/4160/2020
THE BOARD OF DIRECTORS OF TAMARHAT S.S. LTD.
REPRESENTED BY THE CHAIRMAN OF BOARD OF DIRECTORS
NAMELY MD. MOHIDUL ISLAM
AGED ABOUT 33 YEARS
S/O ABDUL AZIZ SK
RESIDENT OF VILLAGE DHUTURAMARI
PO SRINAGAR
PS TAMARHAT
DIST DHUBRI
ASSAM 783324
VERSUS
THE STATE OF ASSAM AND 4 ORS.
TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVT. OF ASSAM
CO OPERATION DEPARTMENT
DISPUR GUWAHATI 6
2:THE REGISTRAR OF CO OPERATIVE SOCIETIES
ASSAM KHANAPARA
GUWAHATI 22
3:THE C.H.D
CO OPERATION DEPARTMENT
BTC
KOKRAJHAR BTC
ASSAM 783370
4:THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES
GOSSAIGAON
PO GOSSAIGAON
DIST KOKRAJHAR
ASSAM 783360
5:THE DEPUTY COMMISSIONER
DHUBRI
PO AND DIST DHUBRI ASSAM 783301
------------
Advocate for : MR. S K DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 4 ORS.
Linked Case : WP(C)/4124/2020
Page No.# 13/34
BOARD OF DIRECTORS OF ALOMGANJ S.S. LTD.
REPRESENTED BY ITS CHAIRMAN MOHIZUR RAHMAN
VILLAGE GERAMARI PT I
PO ALOMGANJ
PS GAURIPUR
DIST DHUBRI ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS.
TO BE REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF
ASSAM
CO OPERATION DEPARTMENT
DISPUR
GUWAHATI 6
2:THE REGISTRAR OF CO OPERATIVE SOCIETIES
ASSAM
KHANAPARA
GUWAHATI 22
3:THE ADDITIONAL REGISTRAR OF CO OPERATIVE SOCIETIES
BTC
KOKRAJHAR
PO AND DIST KOKRAJHAR
ASSAM 783370
4:THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES. DHUBRI
PO AND DIST DHUBRI ASSAM 783301
5:THE DEPUTY COMMISSIONER
DHUBRI
PO AND DIST DHUBRI ASSAM 783301
6:ASSTT. REGISTRAR OF CO OPERATIVE SOCIETIES
DHUBRI
PO AND DIST DHUBRI ASSAM 7883301
------------
Advocate for : MR. S K DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 5 ORS.
Linked Case : WP(C)/3752/2020
BOARD OF DIRECCTORS OF MADHUSOULMARI S. S. LTD. AND 23 ORS.
REP. BY ITS CHAIRMAN SHAHIDUR RAHMAN
S/O LT. MONSER ALI
R/O VILL. ROWA
Page No.# 14/34
PART-III
P.O. MADHUSOULMARI
PS. GAURIPUR
DIST. DHUBRI
ASSAM
2: BOARD OF DIRECTOR OF HALAKURA S.S. LTD
REP .BY ITS CHARIMAN ALTAF HUSSAIN MANDAL
35 YEARS
S/O LT. AMIR HUSSAIN MANDAL
R/O VILL. SONAKHULI
PART-I
P.O. MAHAMAYAHAT
PS. GOLAKGANJ
DIST. DHUBRI
ASSAM
3: BOARD OF DIRECTORS OF PATAMARI S.S. LTD
REP BY ITS CHAIRMAN BAHARUL ISLAM
AGE 45 YEARS
S/O LT. ABDUL JALIL
R/O VILL. KALAPAKANI
P.O. RATAMARI
P.S. GAURIPUR
P.S. AND DIST. DHUBRI
ASSAM
4: BOARD OF DIRECTORS OF BATERHAT S.S. LTD.
REP .BY ITS CHAIRMAN SUBBASH SARKAR
AGE 44 YEARS
S/O HARIDAS SARKAR
R/O VILL. SAGOLIA PART-1
P.O SAGOLIA
P.S. GOLAKGANJ
DIST. DHUBRI
ASSAM
5: BOARD OF DIRECTORS OF GERAMARI S.S. LTD
REP .BY ITS CHAIRMAN ANOWAR HUSSAIN
AGE 53 YEARS
S/O LT. ABDUL KHALEK
R/O VILL. TANG VITA
P.O. MAJERCHAR
DIST. DHUBRI
ASSAM
6: BOARD OF DIRECTORS OF DHARMASALA S S LTD.
REP BY ITS CHAIRMAN ABU BAKKAR
Page No.# 15/34
SIDDIQUE PRODHANI AGE 48 YEARS
S/O LT. DUR ALI PRODHANI
R/O VILL. DHARMASALA
PART-III
P.O. DHARMASALA
DIST. DHUBRI
ASSAM
7: BOARDS OF DIRECTORS OF DUBRI WHOLESALE CONSUMER SOCIETY
LDT.
REP BY ITS CHAIRMAN ALI HUSSAIN
AGE 70 YEARS
LT. JABED ALI
R/O WARD NO. 11
NEAR IDGAH MATH P.O. P.S. AND DIST. DHUBRI
ASSAM
8: BOARD OF DIRECTORS OF SALKOCH S.S. LTD.
REP BY ITS CHAIRMAN AMJAMU AMIN
AGE 57 YEARS
S/O L. JOYNAL ABEDIN
R/O VILL. SRIGRAM
P.S. CHAPAR
DIST. DHUBRI
ASSAM
9: BOARDS OF DIRECTOR OF BAHALPUR S.S. LTD.
REP BY ITS CHAIRMAN AMIR HUSSAIN
AGE 58 YEARS
S/O LT. JAINUDDIN AHMED
R/O VILL. JALIKURA
P.O. BAHALPUR
P.S. CHAPAR
DIST. DHUBRI
ASSAM
10: BOARD OF DIRECTORS OF CHAPAR S.S. LTD.
REP BY ITS CHAIRMAN SAHED ALI SK
AGE 60 YEARS
S/O LT. CHANDULLA SK
R/O VILL. CHINDIRPARA
P.O. AND P.S. CHAPAR
BOARD OF DIRECTORS OF CHAPAR
11: BOARDS OF DIRECTOR OF HASDAH S.S. LTD.
REP .BY ITS CHAIRMAN SUBRATA RAY
AGE 47 YEARS
S/O LT. BIRECDRA N. RAY
Page No.# 16/34
R/O VILL. KHEKSIALY
P.O. DEBOTTAR HASDAHA PT-V
P.S. GOLAKGANJ
DIST DHUBRI
ASSAM
12: BOARD OF DIRECTORS OF M/S ALOKJHARI S.S. LTD.
REP. BY ITS CHAIRMAN MITHUN ROY
AGE 43 YEARS
S/O LT .SWAPAN KR. ROY
R/O VILL. KACHAKHANS
P.O PAGLAHAT
P.S. TAMARHAT
DIST. DHUBRI
ASSAM
13: BORAD OF DIRECTORS OF M/S BIDYAPARA S.S. LTD.
REP. BY ITS CHAIRMAN MOHIBUR RAHMAN
AGE 38 YEARS
S/O LT. FOYZUDDIN SARKAR
R/O VILL. CHOTO BASHJANI
P.O. SAGOL CHORA
P.S. AND DIST. DHUBRI
ASSAM
14: BOARD OF DIRECTORS OF AGOMANI S. S. LTD
REPRESENTED BY ITS CHAIRMAN
BIJIL RAY
S/O- HARKUMAR RAY
RESIDENT OF VILLAGE- TALLI PT-I
P.O. BELGURI
P.S. AGOMANI
DISTRICT- DHUBRI
ASSAM
15: BOARD OF DIRECTORS OF GOLAKGANJ S. S. LTD.
REPRESENTED BY ITS CHAIRMAN
SHYAMAL CHANDRA ROY
S/O- LATE KAILASH CHANDRA ROY
RESIDENT OF VILLAGE- SOUTH TOKORERCHARA
PART-II
P.O. AND P.S. GOLAKGANJ
DISTRICT- DHUBRI
ASSAM
16: BOARD OF DIRECTORS OF ROKAKHATA S. S. LTD.
Page No.# 17/34
REPRESENTED BY ITS CHAIRMAN
MEHBUB ISLAM
S/O- LATE ANOWAR HOSSAIN
RESIDENT OF VILLAGE- ANANDA NAGAR
P.O. BILASHIPARA
DISTRICT- DHUBRI
ASSAM
17: BOARD OF DIRECTORS OF KAJAIKATA S. S. LTD.
REPRESENTED BY ITS CHAIRMAN
SK. ABUL HASHEM
S/O- LATE HAZI IZZAT ALI SK
RESIDENT OF VILLAGE- SUAPATA
PART-IV
P.O. SUAPATA
P.S. BILASHIPARA
DISTRICT- DHUBRI
ASSAM
18: BOARD OF DIRECTORS OF NAYER ALGA S. S. LTD.
REPRESENTED BY ITS CHAIRMAN
SADEK ALI AHMED
S/O- LATE NUR HOSSAIN SK
RESIDENT OF VILLAGE- NAYER ALGA
PART-IV
P.O. NAYER ALGA
DISTRICT- DHUBRI
ASSAM
19: BOARD OF DIRECTORS OF SAHEBGANJ S. S. LTD.
REPRESENTED BY ITS CHAIRMAN
NUR ISLAM BEPARI
S/O- JABED ALI
RESIDENT OF VILLAGE- BALAJAN
P.O. BALAJAN
P.S. GAURIPUR
DISTRICT- DHUBRI
ASSAM
20: BOARD OF DIRECTORS OF RANIGANJ S. S. LTD.
REPRESENTED BY ITS CHAIRMAN
UTTAM KR. ROY
S/O- LATE SONARAM ROY
RESIDENT OF VILLAGE- MOLANDUBI
Page No.# 18/34
P.O. RANIGANJ
P.S. SAPOTGRAM
DISTRICT- DHUBRI
ASSAM
21: BOARD OF DIRECTORS OF BARKANDA S. S. LTD.
REPRESENTED BY ITS CHAIRMAN
TAUFIQUE HUSSAIN
S/O- LATE AMZAD HUSSAIN
RESIDENT OF VILLAGE- CHOTO GIRAIR PAR
P.O. BARKANDA
P.S. BILASHIPARA
DISTRICT- DHUBRI
ASSAM
22: BOARD OF DIRECTORS OF LAKHIMARI S. S. LTD.
REPRESENTED BY ITS CHAIRMAN
RAJAT ADHIKARI
S/O- BHOMAR ADHIKARI
RESIDENT OF VILLAGE- BISHKHOWA
PART-IV
P.O. GOLAKGANJ
DISTRICT- DHUBRI
ASSAM
23: BOARD OF DIRECTORS OF BISANDAI S. S. LTD.
REPRESENTED BY ITS CHAIRMAN
ZAKIR HUSSAIN BEPARI
S/O LATE SAHOR UDDIN BEPARI
RESIDENT OF VILLAGE- BORUNDANGA
P.O. BORUNDANGA
P.S. TAMARHAT
DISTRICT- DHUBRI
ASSAM
24: BOARD OF DIRECTORS OF SATRASAL S.S. LTD.
REPRESENTED BY ITS CHAIRMAN
MOTIOR RAHMAN
S/O- JALAL UDDIN SK
RESIDENT OF VILLAGE- RAMRAIKUTI
PART-II
P.O. SATRASAL
DISTRICT-DHUBRI
ASSAM
Page No.# 19/34
VERSUS
THE STATE OF ASSAM AND 6 ORS.
REP BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
CO-OPERATION DEPTT. DISPUR
GUWAHATI-6
2:THE REGISTRAR OF CO-OPERATIVE SOCIETIES
ASSAM
KHANAPARA
GUWAHATI-22
3:THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES
BTC
KOKRAJHAR
P.O. AND DISTRICT- KOKRAJHAR
ASSAM
4:THE DISTRICT DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES
DHUBRI
P.O. AND DISTRICT- DHUBRI
ASSAM
5:THE DEPUTY COMMISSIONER
DHUBRI
P.O. AND DISTRICT- DHUBRI
ASSAM
6:ASSTT. REGISTRAR OF COOPERATIVE SOCIETIES
DHUBRI
P.O. AND DISTRICT- DHUBRI
ASSAM
7:THE UNION OF INDIA
REPRESENTED BY THE SECRETARY
HOME DEPARTMENT
NEW DELHI
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Advocate for : DR. B AHMED
Advocate for : SC
CO OP appearing for THE STATE OF ASSAM AND 6 ORS.
Linked Case : WP(C)/4607/2020
THE BOARD OF DIRECTORS OF JOGIGHOPA SAMABY LTD AND 6 ORS
REP. BY ITS CHAIRMAN ABDUL MANNAF
S/O- LT. JASMAT ALI
VILL.- CHEDAMARI
Page No.# 20/34
P.O.- BALAPARA
P.S.- JOGIGHOPA
DIST.- BONGAIGAON
ASSAM.
2: THE BOARD OF DIRECTORS OF MALEGARH PACHANIA SAMABAY
SAMITY LTD.
REP. BY ITS CHAIRMAN
EASIN ALI SARKAR
S/O- LT. ABUL KASHEM SARKAR
VILL.- MALEGARH PART- II
P.S.- JOGIGHOPA
DIST.- BONGAIGAON
ASSAM.
3: THE BOARD OF DIRECTORS OF JOPEA SAMABAY SAMITTEE LTD.
BORAICHALA
REP. BY ITS CHAIRMAN
BOSIR UDDIN MOLLAH
S/O- LT. ABDUL AJIJ MOLLAH
VILL. AND P.O.- MADRASSAPARA
P.S.- MERERCHAR
DIST.- BONGAIGAON
ASSAM.
4: THE BOARD OF DIRECTORS OF RANGAPANI NO. 1 SAMABAY SAMITTEE
LTD.
REP. BY ITS CHAIRMAN
ABDUL WAHAB MONDAL
S/O- NUR HUSSAIN MONDAL
VILL.- DHALAGASA
P.S.- MERERCHAR
DIST.- BONGAIGAON
ASSAM.
5: THE BOARD OF DIRECTORS OF MAJERALGA SAMABAY SAMITTEE LTD.
REP. BY ITS CHAIRMAN
ABDUL KUDDUS
S/O- LT. SIDDIQUE ALI
VILL.- ISWARJHARI PART- II
P.S.- PANCHARATNA RPS
DIST.- BONGAIGAON
ASSAM.
6: THE BOARD OF DIRECTORS OF SRIJANGRAM SAMABAY SAMITTEE
LTD.
REP. BY ITS CHAIRMAN ROHINI RAJBANGSHI
S/O- LT. LANIK RAJBANGSHI
Page No.# 21/34
VILL.- KHAMARPARA PART- II (CHUKANI)
P.O.- BOTGURI
DIST.- BONGAIGAON
ASSAM.
7: THE BOARD OF DIRECTORS OF RANGAPANI NO.2 SAMABAY SAMITTEE
LTD
REP. BY ITS CHAIRMAN MAZEDUL ISLAM
S/O- MD. JURAN ALI
VILL.- JHARPARA PART- II
P.O.- LENGTISINGA
P.S.- ABHAYAPURI
DIST.- BONGAIGAON
ASSAM.
VERSUS
THE STATE OF ASSAM AND 6 ORS
REP. BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM
CO-OPERATION DEPTT.
DISPUR
GHY- 6.
2:THE REGISTRAR OF CO-OP. SOCIETIES
ASSAM
KHANAPARA
GHY- 22.
3:THE ADDL. REGISTRAR OF CO-OP. SOCIETIES
KOKRAJHAR ZONE
KOKRAJHAR
ASSAM.
4:THE DIST. DY. REGISTRAR OF CO-OP. SOCIETIES
GOALPARA
ASSAM.
5:THE DY. COMMISSIONER
BONGAIGAON
ASSAM.
6:THE SUB-DIVISIONAL OFFICER
NORTH SALMARA
ABHAYAPURI
DIST.- BONGAIGAON
ASSAM
PIN- 783382.
7:THE ASSTT. REGISTRAR OF CO-OP. SOCIETIES
NORTH SALMARA
ABHAYAPURI
DIST.- BONGAIGAON
ASSAM
PIN- 783382.
Page No.# 22/34
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Advocate for : MR. A M KHAN
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 6 ORS
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 05-08-2021 The Court proceedings have been conducted through online court proceeding services.
2. The petitioners in this batch of writ petitions are cooperative societies registered under the provisions of the Assam Cooperative Societies Act, 2007,
3. Heard Mr. S.K. Das, learned counsel for the petitioners in W.P.(C) no. 3917/2020, W.P.(C) no. 3593/2020, W.P.(C) no. 4124/2020 and W.P.(C) no. 4160/2020; Mr. R. De, learned counsel for the petitioners in W.P.(C) no. 2909/2020; Mr. A.M. Khan, learned counsel for the petitioners in W.P.(C) no. 3387/2020 and W.P.(C) no. 4607/2020; Mr. P. Deka, learned counsel for the petitioners in W.P.(C) no. 3786/2020; Mr. S. Hazarika, learned counsel for the petitioners in W.P.(C) no. 3577/2020 and W.P.(C) no. 3630/2020; Mr. N. Hoque, learned counsel for the petitioners in W.P.(C) no. 3752/2020 and W.P.(C) no. 3775/2020; Mr. K.M. Haloi, learned counsel for the petitioner in W.P.(C) no. 3938/2020; and Mr. H. Ali, learned counsel for the petitioner in W.P.(C) no. 4525/2020. Also heard Mr. S.K. Talukdar, learned Standing Counsel, Cooperation Department for State respondent authorities, in the Cooperation Department; Ms. R.B. Bora, learned Standing Counsel, BTC for the respondent BTC authorities; and Mr. R. Talukdar, learned Junior Government Advocate for other Page No.# 23/34 State respondents.
4. Before entering into any discussion as regards the contentions raised in these writ petitions, it is apposite to refer to the relevant provisions of the Assam Cooperative Societies Act, 2007 ('the Act', for short). As per Section 2(u), of the Act, "General Assembly" in relation to a cooperative society means the highest authority of a registered society. As per Section 2(v) of the Act, "General Meeting" means a meeting of the General Assembly called and conducted in accordance with the provisions of the Act and the bye-laws. Section 35 of the Act has prescribed for a Board for every cooperative society. As per Section 35 of the Act, there shall be a Board for the management of every cooperative society registered under the Act and the Directors shall be elected in accordance with the provisions of the bye-laws. The management of every cooperative society constituted in accordance with the provisions of the Act and the bye- laws shall vest in the Board. Section 31 of the Act has prescribed the term of the Board as 5 (five) Cooperative Years. It has been prescribed in Section 32 of the Act that the Board may, at any time, call a General Meeting of the members of the cooperative society. It has further been stipulated that one General Meeting in every Cooperative year must be convened by the Board. Sub-section (1) of Section 42 has provided for the term of Directors and according to the provision therein, the tenure of an office of elected members of the Board and its office bearers shall be five years from the date of election and the tenure of office bearers shall be co--terminus with the tenure of the Board. Sub-section (4) of Section 41 has prescribed that where a Board fails to arrange for holding election of the Directors or delegates, as the case may be, before the expiry of the term of their office in accordance with the Act and bye-laws, all Directors shall cease to be Directors on the expiry of the period specified in Section 42 Page No.# 24/34 (1). It has been stipulated in sub-section (6) of Section 41 that where a Board fails to arrange for holding election before the expiry of the term of the Board or delegates or where there are no Directors remaining on the Board, the Registrar of Cooperative Societies shall convene a General Meeting by appointing an Officer of the Co-operation Department for constitution of the Board within ninety days from the date of such appointment and the officer so appointed shall perform all functions of the Board during the said period of ninety days at the cost of the society. Section 39 of the Act reads as under :
"39. Annual General Meeting.-- A general meeting to be termed as Annual General Assembly of a registered cooperative society shall be held at least once in every Cooperative year within a period of six months of close of the financial year to transact the business as provided in this Act. The Board shall automatically stand dissolved for not holding Annual General Meeting in accordance with the provisions of the Act and bye-laws within six months from the expiry of every financial year."
5. From the submissions advanced by the learned counsel for the parties, it is found that this batch of writ petition can be categorized into two categories :
1stCategory :
[1] W.P.(C) no. 3387/2020 : The contention of the petitioner society is to the effect that it submitted an application before the respondent authorities seeking approval for holding the Annual General Meeting ('AGM', for short) of the petitioner society on 15.09.2020 but the Deputy Commissioner, Barpeta rejected the application on 21.08.2020 in view of the then prevailing situation due to Covid-19 pandemic. Apprehending coercive action for such alleged default in not holding of the AGM in time, the petitioner Society has approached this Court.
Page No.# 25/34 [2] W.P.(C) no. 3577/2020 : The petitioner society has contended that the Board resolved to hold the AGM of the society on 14.09.2020 and a resolution was passed to that effect. It sought the approval of the authorities in the Co- operation Department within the stipulated time period. But the permission to hold the AGM was declined by the Deputy Commissioner, Tinsukia. As a result, the AGM could not be held on 14.09.2020.
[3] W.P.(C) no. 3630/2020 : The Board of the petitioner society resolved to hold the AGM on 14.09.2020. When the said resolution was placed before the respondent no. 3 for approval, the respondent no. 3 approved the resolution subject to grant of permission by the Deputy Commissioner, Tinsukia. An application was submitted before the Deputy Commissioner, Tinsukia seeking permission to hold AGM but the Deputy Commissioner, Tinsukia did not respond to the said application.
[4] W.P.(C) no. 3752/2020 : The Board of Directors of 24 nos. of registered societies are the petitioners. It is the contention of the petitioners herein that resolutions were passed in the meetings of the Board of Directors of these societies to hold the AGM and the same were placed before the authorities in the respondent Co-operation Department. But the respondent no. 6 had asked the petitioners to obtain permission from the District Administration for holding the AGM in view of the then prevailing situation due to Covid-19 pandemic. The petitioners submitted an application jointly before the respondent no. 2 for making necessary arrangements for holding all the AGMs by the petitioners. But the respondent no. 2 and the Deputy Commissioner, Dhubri did not grant permission to the petitioner societies for holding the AGMs. Apprehending coercive action like dissolution of the Board of Directors due to not holding the Page No.# 26/34 AGMs, the petitioners have preferred the writ petition.
[5] W.P.(C). no. 3775/2020 : The petitioner society after taking a resolution in its Board meeting to hold the AGM of the society in compliance of Section 39 of the Act, had sought permission from the Deputy Commissioner, South Salmara for holding the same. But the Deputy Commissioner, South Salmara did not grant permission to the petitioner for holding the AGM purportedly due to then prevailing situation for Covid-19. Apprehending coercive measure from the respondent authorities, like the other petitioners, the petitioner has preferred the writ petition.
[6] W.P.(C) no. 3938/2020 : The case of the petitioner society is that it was required to hold its AGM within 30.09.2020. A resolution was taken by the Board of Director of the petitioner society in its meeting, held on 21.08.2020, to hold the AGM on 21.09.2020. The resolution was communicated to the respondent no. 3 on 24.08.2020. The petitioner society also made an application before the respondent no. 4 i.e. the Deputy Commissioner, Nalbari on 28.08.2020 seeking permission to hold the AGM on 21.09.2020. But due to not granting permission by the District Administration on the ground of the then prevailing situation for Covid-19 pandemic, the AGM could not be held. Apprehending dissolution of the Board of directors of the petitioner society for non-compliance of the provisions in Section 39 of the Act, the petitioner has approached this Court.
[7] W.P.(C) no. 4124/2020 : The Board of Directors of Alomganj Sabamay Samitee Ltd., Dhubri is before this Court contending that the Board of Directors of the society took a resolution in its meeting dated 26.08.2020 for holding the AGM of the society on 16.09.2020. The respondent no. 6 had endorsed the said resolution and accordingly, notice was published for holding the AGM. The Page No.# 27/34 respondent no. 6 had thereafter, asked the petitioner society to obtain permission from the District Administration for holding the AGM due to the then prevailing situation for Covid-19 pandemic. The petitioner society submitted an application before the Deputy Commissioner, Dhubri seeking permission to hold the AGM of the society but the respondent no. 2 and the Deputy Commissioner, Dhubri did not grant permission to the petitioner society for holding the AGM. Apprehending that due to not holding the AGM in time, the respondent authorities might take coercive measures like dissolution of the Board of Directors of the petitioner society, the petitioner has preferred the writ petition.
[8] W.P.(C) no. 4607/2020 : The Board of Directors of 7 (seven) nos. of registered cooperative societies have contended that they had taken resolutions to hold AGMs for the year 2020-2021 on different dates and applications were submitted seeking permission to hold such AGMs from respondent no. 6. But on none of the occasions permission was granted to the Board of Directors of the petitioner society to hold the AGMs. As a result, the petitioners are apprehending that on the ground of non-compliance of the provisions of Section 39 of the Act, the Board of Directors would be dissolved.
2ndCategory :
[1] W.P.(C) no. 3917/2020 : The writ petitioner is the Chairman of Pub Mandia Samabay Samittee Ltd. It is the contention of the petitioner that prior to expiry of the 5 (five)-year tenure of the society, the Board took a resolution in its meeting to hold the election before the expiry of its term and it was informed to the authorities in the respondent Co-operation Department. No response was received with regard to the said resolution from the respondent Co-operation Department and by an order dated 14.05.2020, the Board of the society had Page No.# 28/34 been dissolved and an one-man Ad-Hoc-Committee has been appointed to manage the affairs of the society.
[2] W.P.(C) no. 3593/2020 : The petitioner is the Chairman of Dumuria Mererchar Samabay Samity Ltd. The Board of the society adopted a resolution on 19.02.2020 for holding the election on 19.03.2020 i.e. prior to expiry of its 5 (five) year tenure and approval for the same was accorded on 27.02.2020. But subsequently on 17.03.2020, the approval was recalled in view of the then prevailing situation due to Covid-19 pandemic. As a result, the election could not be held. By an order dated 29.04.2020, the Board of Directors of the society has been dissolved and a one-man Ad-hoc Committee came to be appointed to manage the affairs of the society.
[3] W.P.(C) no. 3786/2020 : The petitioners are Directors in the Board of Directors of AOD-Oil Co-operative Society Ltd., Digboi. The contention of the petitioners is to the effect that prior to expiry of the term of Board of Directors on 20.06.2020, it concluded the election for the new Board of Directors for the society and the results of the election of the new Board of Directors were to be declared in the AGM, scheduled on 07.06.2020. But the declaration of results of the election could not be made due to not granting permission to hold the AGM by the respondent no. 5. By an order dated 24.07.2020, the respondent no. 6 had dissolved the Board of the society for non-compliance of the provisions in Section 41(2) of the Act and it appointed an one-man Ad-hoc Committee under Section 41(6) of the Act to perform functions of the Board of Directors of the society till a new Board of Directors is elected or formed within ninety days therefrom.
[4] W.P.(C) no. 4160/2020 : The Board of Directors of Tamarhat S.S. Ltd., Page No.# 29/34 Dhubri are the petitioners in W.P.(C) no. 4160/2020. The petitioners have claimed that the Board of Directors in its meeting held on 15.07.2020 had adopted a resolution for holding the AGM/election on 02.09.2020. After making all the arrangements, it sought permission from the Deputy Commissioner, Dhubri to hold the AGM/election. When no permission was granted, the Board of Directors again held a meeting on 22.08.2020 and passed a resolution to hold the AGM/election on 14.09.2020. When the said resolution was forwarded to the respondent no. 4 on 26.08.2020 seeking his approval, the respondent no. 4 did not act on it. The petitioners thereafter, submitted a representation before the respondent no. 2. On 23.09.2020, the respondent no. 4 informed the petitioners that the approval for holding the AGM/election would be accorded only after receipt of permission from the Deputy Commissioner, Dhubri. Apprehending coercive action against the Board of Directors for not holding the AGM/election, the petitioners have approached this Court by the instant writ petition seeking permission.
[5] W.P.(C) no. 4525/2020 : The Board of Directors of Numberpara Chakla S.S. Ltd. has contended that despite the Board of Directors taking all the necessary steps for holding election before expiry of its term, the election could not be held due to lockdown situation arising out of Covid-19 pandemic. As a result, an one-man Committee came to be appointed on 29.06.2020 to manage the affairs of the society and to conduct election for a new Board of Directors of the said society. By another order dated 07.10.2020, the respondent no. 3 had appointed respondent no. 8 as one-man Ad-hoc Committee to manage the affairs of the society and to hold the AGM/election of the society within ninety days therefrom.
Page No.# 30/34 [6] W.P.(C) no. 2909/2020 : The petitioners are two share-holders of Srimanta Sankardev Sangha Thrift and Credit Cooperative Society Ltd. Attempts were made by the Board of Directors of the said society to hold the AGM of the society by seeking permission from the respondent authorities. Due to reasons beyond control, the AGM could not be held in time either due to non-grant of permission by the District Administration or for not deputing observer to the AGM. Finally, the Board of Directors of the society came to be dissolved by an order dated 03.04.2021 whereby an one man Committee also came to be appointed to manage the affairs of the society and to convene the AGM within a period of ninety days.
6. From the afore-stated projections made on behalf of the petitioners in this batch of writ petitions, it has emerged that the Board of Directors of these cooperative societies had purportedly endeavoured to hold either the AGM or the AGM/election in compliance of the provisions of the Act. One of the prime contentions on behalf of the petitioners is to the effect that such AGM or election/AGM could not be held as per the provisions of the Act within the statutory period as provided in the Act. It is submitted that in most of the cases permission was not granted by the District Administration to hold the AGM or the AGM/election of the societies in view of the then prevailing situation due to Covid-19 pandemic as lockdown was enforced in the State w.e.f. 24.03.2020 to stop the further spreading of Covid-19. It is the petitioners' further contention that when all the necessary endeavours were made by the societies to comply with the provisions of the Act, they should not be visited with the adverse consequences like dissolution of the Board of Directors of the societies and debarment from holding the posts and also disqualification from re-election to the Board of Directors of a registered cooperative society, etc. only due to the Page No.# 31/34 statutory provisions about automatic dissolution of the Board of Directors of a registered cooperative society, as contained in Section 39 and Section 41(2) of the Act .
7. Mr. Talukdar, learned Standing Counsel, Co-operation Department has submitted that in most of the writ petitions, an interim order is in operation protecting the interests of the petitioner societies, except in W.P.(C) no. 2906/2021, till date. He has submitted that as per the provisions of the Assam Cooperative Societies Act, 2007, the term of Board of Directors of a registered cooperative society was 5 (five) years and there was no provision for extension of the said term of 5 (five) years. There was also no provision of holding the election of the Board of Directors of a registered cooperative society after expiry of the term of 5 (five) years. As per Section 39 of the Act, the Annual General Assembly of a registered cooperative society had to be held within a period of 6 (six) months from the expiry of the financial year and in case it was not held, it entailed automatic dissolution of the Board of Directors of such registered cooperative society. Mr. Talukdar has further submitted that the State Government being conscious of the situation that has arisen due to Covid-19 pandemic and in view of absence of any provision for extension of the term of the Board of Directors of a registered cooperative society beyond the period of 5 (five) years resulting in the Board's automatic dissolution for not holding the AGM/election within the prescribed time period, has brought out an amendment in the Assam Cooperative Societies Act, 2007 by the Assam Cooperative Societies (Amendment) Act, 2021 and the same has been published in the Official Gazette on 09.06.2021. A copy of the publication of the Assam Cooperative Societies (Amendment) Act, 2021, published in the Official Gazette, Page No.# 32/34 has been placed before the Court.
8. By the Assam Cooperative Societies (Amendment) Act, 2021, a new Section i.e. Section 130A has been inserted in the Assam Cooperative Societies Act, 2007. For ready reference, the newly inserted Section 130A is quoted hereunder :
"130A. Exemption of certain provisions by general or special order:- The State Government, in exceptional circumstances like pandemic may by general or special order, exempt any registered cooperative society or class of registered cooperative societies from the operation of the provisions of Section 39 and Section 41(2) of this Act, for such a period not exceeding six months at a time which shall not further be extended for more than another six months, as may be specified in the said order or may direct that such provisions shall apply to such Society with such modifications and for such a period either from a prospective or retrospective date as may be specified in the order as per the need of the situation."
9. From the provisions of the newly inserted Section 130A of the Assam Cooperative Societies (Amendment) Act, 2021, it is seen that in exceptional circumstances like pandemic, the State Government may exempt any registered cooperative society from the operation of the provision of Section 39 and Section 41(2) of the Act for such a period not exceeding 6 (six) months at a time which shall not further be extended for more than another 6 (six) months, by passing a general order or a special order.
10. As per Section 1(3) of the Assam Cooperative Societies (Amendment) Act, 2021, the provision of newly inserted Section 130A is deemed to have come into force on 25.03.2020. By the newly inserted Section 130A, the power has been vested in the State Government to exempt any registered cooperative society or class of registered cooperative society from operation of the provisions of Page No.# 33/34 Section 39 and Section 41(2) of the Act by passing a general order or a special order. It further provides that such exemption can be for a period not exceeding 6 (six) months at a time and it will not further be extended for more than another 6 (six) months at a time. The general order or the special order can either be from a prospective or a retrospective date as may be prescribed in the order as per the need of the situation.
11. The condition precedent for passing such a general order or special order is existence of exceptional circumstances like pandemic. Thus, in view of the newly inserted Section 130A by the Assam Cooperative Societies (Amendment) Act, 2021, it is for the State Government to consider the case of these writ petitioners herein by taking into purview the fact situation obtaining in each of the cases and to consider as to whether any exceptional circumstances existed/exist in each of the cases to provide exemption to these registered cooperative societies from the operation of the provisions of Section 39 and Section 41(2) of the Act.
12. It is submitted by Mr. Talukdar that a reasonable period of time would be required on the part of the State respondent authorities to consider the matter of exemption in respect of these cooperative societies having regard to the situation presently also prevailing in the State due to Covid-19 pandemic.
13. As it is the State Government who has the power and jurisdiction to consider and pass orders exempting a registered cooperative society from the operation of the provisions of Section 39 and Section 41(2) of the Act by taking into account the presence of exceptional circumstances like pandemic or otherwise, this Court is of the considered view that it is the State Government who shall have to consider the cases of these writ petitioners regarding Page No.# 34/34 exemption from the operation of the provisions of Section 39 and Section 41(2) of the Act by taking into account the facts and circumstances obtaining in each of the cases and after such consideration, to pass order(s) accordingly, within a reasonable period of time. Taking all the factors into account, this Court is of the view that a period of two months will be the reasonable period for the State Government to pass such order(s). It is ordered accordingly. It is, however, made clear that this Court has not recorded any view on merits of the respective claims of these petitioners, as projected through this batch of writ petitions. It is further provided that wherever any interim order is in operation, the same shall continue to be in force till passing of the order(s) by the State Government, as has been ordered herein, under the newly inserted Section 130A of the Assam Cooperative Societies (Amendment) Act, 2021.
14. This order disposes of this batch of writ petitions.
JUDGE Comparing Assistant