ABDUL MANNAN KHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.H. Sikdar, learned counsel for the petitioner, Mr. S.K. Talukdar, learned standing counsel for the Cooperation Department and Mr. A.U. Ahmed, learned counsel for the respondent no. 5.

(2.) In brief, the case of the petitioners in these two writ petitions is that in the elections held for constituting new committee of Board of Directors of Pub- Betbari Samabai Samitee Ltd. held on 19.05.2018, out of 15 Board members, two posts could not be filled up as those posts were reserved for women and there was no representation from women, as such, 13 (thirteen) Board Members were declared elected. A meeting was called on 15.05.2018 to elect President and Vice President, which was cancelled and adjourned to 19.05.2018. The meeting was held in the presence of two government representatives and by adopting a resolution, 7 (seven) Board members present had elected the petitioner as President of the said cooperative society. The resolution was forwarded to the Assistant Registrar of Cooperative Societies, Barpeta (respondent no.4) for approval, which was turned down. Although the communication of refusal by the respondent no.4 has neither been annexed, nor impugned, in W.P.(C) No. 4235/2018, the petitioner has prayed, inter alia, for directing the respondent no.4 to accord approval of the resolution dated 19.06.2018. Subsequent to the institution of the said writ petition, the Secretary of Pub- Betbari Samabai Samitee Ltd., by a notice dated 08.07.2018, invited another meeting for selection/election of the President and Vice President of the Board of Directors in terms of communication dated 04.07.2018 by the respondent no.4. Accordingly, by filing W.P.(C) No. 4364/2018, the petitioner has prayed, inter alia, for setting aside the notice dated 08.07.2018 and renewed the prayer made in the previous writ petition for directing the respondent no.4 to accord approval of the resolution dated 19.06.2018.

(3.) The learned counsel for the petitioner has submitted that as per the provisions of section 43(5) of the Assam Cooperative Societies Act, 2007 (hereinafter referred to as the "2007 Act"), it is provided that the quorum for a meeting of the Board shall be such as may be specified in the bye-laws but shall not be less than fifty percent of the total number of Directors of the Board, as such, it is submitted that when there were only 13 (thirteen) elected Board members, the quorum cannot exceed fifty percent i.e. 6.5 members, rounded to 7 (seven) members. Hence, it is submitted that the meeting held on 19.06.2018 and the resolution adopted therein by 7 (seven) members present and voting, thereby electing the petitioner as president was lawfully sustainable on facts and in law. In this regard, it is also submitted that as only 13 (thirteen) Board members were elected, the provisions of section 35(2) would not make the existing Board illegal so as to disqualify voting merely for the reason that 7 (seven) Board members were present and voted in favour of the resolution to elect the petitioner as President of the cooperative society.