Gauhati High Court
Abdul Basit Tapadar vs Swapan Namasudra And 7 Ors on 4 April, 2022
Bench: Chief Justice, Soumitra Saikia
Page No.# 1/5
GAHC010062752022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/115/2022
ABDUL BASIT TAPADAR
CHAIRMAN, KANISHAIL, JABAINPUR COOPERATIVE SOCIETIES LTD.,
KARIMGANJ, ASSAM
VERSUS
SWAPAN NAMASUDRA AND 7 ORS.
S/O- LATE SUNIL NAMASUDRA, R/O VILLAGE- TELIKHALER, P.O-
TELIKHALER ROAD, DIST- KARIMGANJ, ASSAM, PIN-78871
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
CO OPERATION DEPARTMENT DISPUR GUWAHATI
06
3:THE REGISTRAR OF CO OPERATIVE SOCIETIES
ASSAM
KHANAPARA
GUWAHATI 22
4:THE IN CHARGE
ADDITIONAL REGISTRAR OF CO OPERATIVE SOCIETIES
ASSAM
KHANAPARA
GUWAHATI 22
5:THE ZONAL JOINT REGISTRAR OF CO OPERATIVE SOCIETIES
SILCHAR ZONE
KARIMGANJ
Page No.# 2/5
ASSAM
6:THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES
KARIMGANJ
ASSAM
7:THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES
RAMKRISHNAGAR
DIST KARIMGANJ
ASSAM
8:SRI ALA UDDIN
S/O LATE MANIK MIA
RESIDENT OF VILLAGE SILCHAR ROAD
PS AND DIST KARIMGANJ
TEMPORARILY APPOINTED AS THE SECRETARY OF KANISHAIL
JABAINPUR CO OPERATIVE SOCIETY LT. DIST KARIMAGANJ
ASSA
Advocate for the Petitioner : MR. S ROY
Advocate for the Respondent : SC, CO OP
Linked Case : WA/111/2022
ABDUL BASIT TAPADAR
CHAIRMAN
KANISHAIL
JABAINPUR COOPERATIVE SOCIETIES LTD.
KARIMGANJ
ASSAM
VERSUS
SWAPAN NAMASUDRA AND 7 ORS.
S/O- LATE SUNIL NAMASUDRA
R/O VILLAGE- TELIKHALER
Page No.# 3/5
P.O-TELIKHALER ROAD
DIST- KARIMGANJ
ASSAM
PIN-78871
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM
DEPTT. OF COOPERATION
DISPUR- 781006
3:THE JOINT REGISTRAR
OF COOPERATIVE SOCIETIES (G)
ASSAM KHANAPARA
GHY- 22.
4:THE ZONAL JOINT REGISTRAR
OF COOPERATIVE SOCIETIES
SILCHAR ZONE
KARIMGANJ
ASSAM
5:THE ASSISTANT REGISTRAR
OF COOPERATIVE SOCIETIES
KARIMGANJ
ASSAM
6:THE DEPUTY REGISTRAR
OF COOPERATIVE SOCIETIES
KARIMGANJ
ASSAM
7:THE CHAIRMAN
KANISHAIL
JABAINPUR COOPERATIVE SOCIETIES LTD.
KARIMGANJ
ASSAM
8:BARINDRA KUMAR BAISHNAB
I/C SECRETARY
KANISHAIL
JABAINPUR COOPERATIVE SOCIETIES LTD.
KARIMGANJ
ASSAM
------------
Advocate for : MR. S ROY
Advocate for : SC
CO OP appearing for SWAPAN NAMASUDRA AND 7 ORS.
Page No.# 4/5
BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
04.04.2022 Heard Mr. M. H. Laskar, learned counsel for the writ appellant. Also heard Mr. S. K. Talukdar, learned Standing counsel, Cooperation Department, appearing for the State respondents.
These writ appeals have been filed by the appellant challenging the orders dated 14.03.2022 and 03.12.2021, passed by the learned Single Judge in WP(C) 1788/2022 and WP(C) 6199/2021 respectively.
Since by the impugned order dated 14.03.2022, passed in WP(C) 1788/2022 the election process, which had been set to motion was set aside, we had stayed the operation and effect of the impugned order passed in WP(C) 1788/2022 vide our order dated 28.03.2022 passed in WA 111/2022.
We have been informed at the Bar that the term of the Board of the cooperative society has come to an end on 28.03.2022 and no election process has been initiated for constituting a new Board of Directors due to the impugned order passed by the learned Single Judge.
Mr. S. K. Talukdar, learned Standing counsel, Cooperation Department submits that the department may be given the liberty to conduct the election to constitute the Board of Directors of the cooperative society.
Learned counsel for the writ appellant, however, expresses apprehension that the present appellant may be held ineligible to contest the election if the election is conducted by the department.
As regarding the anxiety of the present appellant that he would be held ineligible to contest the election, Mr. S. K. Talukdar, learned Standing counsel, Page No.# 5/5 Cooperation Department, states that such an anxiety is not well founded and he would refer to an order passed by this court in WA 31/2019 ( Jahurul Islam Laskar and ors vs. The State of Assam and ors.), wherein this court held that the embargo under section 40(4)(a) will not be applicable to the writ appellants, i.e., members of the Board of Directors.
We presently adjourn the matter.
List again on 27.04.2022.
JUDGE CHIEF JUSTICE Comparing Assistant