FAYZUL HOQUE MAZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. A.M. Barbhuiya, learned counsel for the petitioner, and Mr. G. Soren, learned Government Advocate appearing on behalf of the State respondents. HEARD also Dr. B. Ahmed, learned counsel for the respondent No.6.

(2.) THE petitioner, as a member of Rajyashapur Co-operative Society Ltd., Hailakandi, which is registered under the Assam Co-operative Societies Registration Act, 1449, filed his nomination paper for being elected as Chairman of the said society. THE petitioner's nomination papers were accordingly accepted, on 11.11.2009, by the Returning Officer, who was to conduct the elections of the Managing Committee of the said society. However, after acceptance of the nomination papers of the petitioner, a complaint was made by the respondent No. 6 herein, who too is a member of the said Society and who too was a candidate for the office of the Chairman of the said Society, alleging, inter alia, that the petitioner herein was not qualified to be a member of the said Society, because of the embargo placed on his becoming a member of the said Society by Bye-laws No. 6(1) and that the Bye-law No. 22(1 )(v) of the said Society disqualified him from seeking election to any office of the said Society including the office of the Chairman. Accepting the complaint made by the respondent No. 6, respondent No. 4 passed an order, on 13.11.2009, cancelling the petitioner's nomination for the office of the Chairman of the said Society.

(3.) THE petitioner, accordingly, preferred an appeal to the Registrar, Cooperative Society against the order, dated 13.11.2009, aforementioned, passed by the respondent No. 4, whereby acceptance of the petitioner's nomination had been cancelled. In appeal, the contention of the petitioner, as indicated in the impugned order, dated 13.11.200, aforementioned, was as under: