SHARBESH KHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Dr. B. Ahmed, learned counsel for the petitioners and Mr. S.K. Talukdar, learned Standing counsel, Co-operation Department for the respondent Nos. 1, 2, 3, 5 & 6. Also heard Mr. K Goswami, learned Additional Senior Government Advocate, Assam for the respondent No. 4.

(2.) Petitioners herein are the Members of the Azad Gaon Panchayat Samabai Samity Limited in the district of Barpeta. The said Samabai Samity in its meeting held on 23.09.2021 decided to hold its Annual General Meeting on 29.09.2021 for which they approached the District Deputy Registrar, Co-operative Societies, Barpeta as well as the Assistant Registrar of Co-operative Societies, Barpeta for its approval to hold the Annual General Meeting. However, the respondents did not give its consent/approval for holding such Annual General Meeting of the said society.

(3.) Being aggrieved with the same, the petitioners have approached this Court for a direction to the respondents in the Co-operation Department of the State not to dissolve the Board of Directors of said Azad Gaon Panchayat Samabai Samity Limited, Barpeta. In the meanwhile, the Zonal Joint Registrar of Co-operative Societies, Guwahati Zone, Guwahati dissolved the management of the said Azad Gaon Panchayat Samabai Samity Limited as it failed to hold the Annual General Meeting for the years 2020-2021 and 2021-2022 as required under the provisions of Sec. 32 of the Assam Co-operative Societies Act, 2007 as amended, dissolving the Board of Directors of the said Samabai Samity under the provisions of Sec. 39 for violation of the provisions of Sec. 32 of the said 2007 Act. By the said order dtd. 27.10.2021, the Zonal Joint Registrar of Co-operative Societies, Guwahati Zone, Guwahati have appointed one Sri Manoj Kumar Sarma, Junior Inspector/Auditor of Co- operative Societies, Office of the Assistant Registrar of Co-operative Societies, Barpeta in exercise of the power under Sec. 41(6) of the said 2007 Act to perform all functions of the Board and to convene the Annual General Meeting of the said Samabai Samity to constitute the Board of Directors within a period of 90 days at the cost of the society, provided there is no any case pending in that regard.