JOYNAL ABEDIN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.B.T. Hoque, learned counsel for the petitioner. Also heard Ms. M.D. Bora, learned counsel for the respondents No. 1, 2, 3 and 4 and Mr. G. Bordoloi, learned counsel appearing for the respondent No.5.

(2.) An order dated 02.07.2020 was passed by the Zonal Joint Registrar of Cooperative Societies, Silchar Zone, by which in exercise of the power under Section 41(6) of the Assam Cooperative Societies Act, 2007, ( in short Act of 2007) Mustafa Hussain Tapadar Senior Inspector/Auditor of Cooperative Societies in the Office of the Assistant Registrar Cooperative Societies, Karimganj was appointed as an One Man Committee to manage the affairs and to hold the Annual General Meeting/election of the North East Badarpur C.S. Ltd. Karimganj within a period of 90 days. On 05.08.2020 when the matter was moved, we raised a question as to whether the condition precedent of Section 41(6) of the Act of 2007, i.e. the Cooperative Society concerned had failed to arrange for holding of the election, was satisfied before invoking the power under Section 41(6). Section 41(6) of the Act of 2007 is extracted below:- 41(6) 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 shall convene a General Meeting by appointing an Officer of the Cooperative 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.

(3.) In reply thereof, another order dated 05.08.2020 of the Zonal Joint Registrar of Cooperative Societies, Silchar Zone has been produced before the Court, wherein, in paragraph-1 it is stated that the term of the office of the earlier Board of Directors came to an end on 24.05.2020. But however, although the Cooperative Society had sought for permission to hold the Annual General Meeting/election before expiry of the term, the Deputy Commissioner, Karimganj had refused the permission on account of Covid-19 Pandemic. The refusal by the Deputy Commissioner itself is an indication that the petitioner Cooperative Society had not failed to arrange to hold the election and as because the permission was not granted therefore, the meeting could not be held.