JAGAT CH.BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Gogoi, learned counsel for the writ petitioners. Also heard Ms. D. S. Neog, learned Standing Counsel, Co-operation Department, Government of Assam for respondent nos. 1 to 6 and Mr. S. Chauhan, learned counsel appearing for the respondent nos. 8 & 9 as well as for the applicants in I.A.(Civil) No. 244/2020, where the writ petitioners are impleaded as opposite party nos. 1 to 9. Despite service of notice, none has appeared for respondent no. 7.

(2.) The present writ petition, under Article 226 of the Constitution of India, has been preferred assailing the legality and validity of an order dated 17.05.2018 passed by the respondent no. 3 i.e. the Registrar In-Charge of Co-operative Societies, Assam where it is observed that the Annual General Meeting (AGM) of Dhula Samabai Samity Limited held on 05.10.2016, which was earlier adjourned, was held in accordance with the provisions of Assam Co-operative Societies Act, 2007, thereby, upholding an order dated 9.5.2017 passed earlier by the respondent no. 2 i.e. the Registrar of Co-operative Societies, Assam. By the said impugned order, the respondent no. 6 has been asked to take necessary steps to ensure management of the Dhula Samabai Samity Limited (the Society, for short) by the elected Board of Directors headed by the respondent no. 8 as its Chairman. In the present proceedings, an interim order was passed, on 25.05.2018, to the effect that the status quo, as on that date, in respect of management of the Society shall be maintained until further orders. The interlocutory application, I.A. (Civil) No. 244/2020, has been preferred by the respondent nos. 8 and 9 as the applicants, seeking vacation/alteration/modification of the said interim order dated 25.05.2018, passed ex-parte against them, under Article 226 (3) of the Constitution of India. Objecting to the said prayer, the writ petitioners have filed an objection to the said application. As agreed to by the learned counsel for the parties, the writ petition itself has been taken up for disposal.

(3.) The necessary facts, in brief, leading to the institution of the writ petition may be exposited as follows :- The writ petitioners, 9 (nine) in nos., are members of Dhula Samabai Samity Limited, District - Darrang, a co-operative society registered under the provisions of Assam Co-operative Societies Act, 2007 (the Act, 2007 and/or the 2007 Act, for short) with 13.09.1973 as its date of registration. A Board of Directors for management of the affairs of the Society was elected in an Annual General Meeting (AGM) held on 26.09.2011. The said Board of Directors of the Society had called for an AGM of the Society on 28.09.2016. On 28.09.2016, the AGM was adjourned to be held on 05.10.2016 as there was lack of quorum on that day. On the date of adjourned AGM held on 05.10.2016, a new Board of Directors was elected. The said new Board of Directors elected its Chairman and Vice-Chairman in a meeting held on 14.10.2016. The respondent no. 8 and the respondent no. 9 are the Chairman and Vice-Chairman respectively of the said new Board of Directors.