AKBAR ALI Vs. HANIF ALI MONDAL

JUDGEMENT

(1.) THE judgment and order dated 09.03.2011 passed in WP (C) No. 1352/2011 preferred by the present respondent Nos. 1, 2 and 3 forms the subject matter of challenge in the instant appeal. By the decision impugned, the notice dated 19.02.2011 issued by the Secre-tary, Patamari Samabai Samity Limited, Newghat, Dhubri (for short, hereinafter referred to as 'the Samity') fixing 10.03.2011 as the date of election, amongst others, of the office bearers thereof has been set aside with the direction to the Executive Officer of the said Samity to incorporate all the names of the shareholders in the voters' list and to obtain the approval of the Assistant Registrar of Co-operative Societies, Dhubri in accordance with law before issuing a notice convening the Annual General Meeting of the Samity.

(2.) WE have heard Mr. A. B. Choudhury Senior Advocate for the appellants; Mr. P.S. Deka, learned Government Advocate, Assam for the official respondents; Mr. I. Choudhury, Advocate for the respondent Nos. 1, 2 and 3; Mr. J. Abedin, Advocate for the respon-dent No. 10 and Mr. D.A. Kaiyum, Advocate for the respondent Nos. 8, 11 and 12.

(3.) THE learned Single Judge on a consid-eration of the pleadings available, by the impugned judgment and order interfered with the notice dated 19.02.2011 notifying the election with the consequential directions as referred to hereinabove. Inspite of this determination by the learned Single Judge, the election was held on 10.03.2011 and the appellant No.1 was elected as the Vice-Chairman of the Managing Committee of the Samity with the appellant Nos. 2 to 11 as the members thereof. Apart from contending that they were unaware of the institution of the writ petition not having been impleaded therein, they have endorsed the voters' list approved by the Assistant Registrar of Cooperative Societies on 25.02.2011 to be valid one dismissing as well the one dated 24.01.2011 which, according to them, included 1195 new members though not entitled to be enlisted in the voter'/ members' roll. According to them, the election was held in an orderly manner and the new Managing Committee had been elected by a majority of votes in a democratc process. That the proceedings of the election though laid with the Assistant Registrar of Cooperative Societies, Dhubri, have not been approved, however, has been mentioned by them.