Gauhati High Court
Abdul Basit Tapadar vs Swapan Namasudra And 7 Ors on 17 February, 2023
Author: S. Saikia
Bench: Chief Justice, Soumitra Saikia
Page No.# 1/3
GAHC010059352022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : 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, 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
Page No.# 2/3
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
ASSA
Advocate for the Petitioner : MR. S ROY
Advocate for the Respondent : SC, CO OP
BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 17.02.2023 (S. Saikia, J) Heard Mr. M. H. Laskar, learned counsel for the writ appellant. Also heard Mr. A.B.T. Haque, learned counsel appearing for private respondent no. 1, and Mr. S. K. Talukdar, learned Standing Counsel, Cooperation Department, Assam.
By order dated 28.03.2022, this Court has directed as under:
"Heard Mr. M.H. Laskar, learned counsel for the appellant. Also heard Mr. J.M.A. Choudhury, learned counsel for the respondent No.1 and Mr. S.K. Talukdar, learned standing counsel, Cooperation Department, for the respondent Nos.2 to 7.
By the impugned order dated 14.03.2022, the election/Annual General Page No.# 3/3 Meeting of the society has been stayed by the learned Single Judge, which, in our view, should not have been done. We, therefore, stay the operation and effect of the impugned order passed in WP(C) 1788/2022.
Considering the urgency of the matter, list the matter on 04.04.2022.
Meanwhile, the respondents shall file their counter affidavit."
In view of the above, we see no bar for the department to undertake the process of election/Annual General Meeting (AGM) as prescribed under the provisions of the Assam Co-operative Societies Act, 2007. Under Section 41(6) of the said Act, the Registrar of Cooperative Societies is empowered to take all steps necessary for holding the AGM/election as mandated under the Act. Accordingly, the department will now proceed to hold the AGM/election of the cooperative society in question, in terms of the provisions of the Act.
It is made clear that pendency of this appeal will not be a bar for holding the AGM/election.
List after four weeks along with WA 115/2022.
JUDGE CHIEF JUSTICE Comparing Assistant