JAHURUL ISLAM LASKAR Vs. BAKTAR HUSSAIN

JUDGEMENT

(1.) These writ appeals are directed against the Judgment and order dtd. 21/1/2019 rendered by the learned Single Judge in WP (C) No. 6603/2018. The learned Single Judge declined to entertain the prayers made in the writ petition and accordingly dismissed the same. Being aggrieved, the two writ appeals are filed against the Judgment and Order dtd. 21/1/2019 by-- the petitioner, in WP(C)/6603/2018--Sri Baktar Hussain, which is numbered as Writ Appeal 33/2019 and the other by respondent no. 6 in the writ petition WP(C)/6603/2018--Sri Jahurul Islam Laskar which is numbered as Writ Appeal 31/2019.

(2.) Pursuant to an election held on 20/11/2016, the petitioner in WP(C) 6603/2018 namely, Baktar Hussain along with 14 others were elected as Board of Directors of Mangalpur Boalihawar Cooperative Society Ltd. The result of the said election was approved by the Assistant Registrar of Cooperative Societies, Cachar. In the first meeting of the Society held on 28/11/2016, the writ petitioner (appellant in W.A. 33/2019, Sri Baktar Hussain), was elected as the Chairman of the said Society. The minutes of the said meeting were approved by the Assistant Registrar of the Cooperative Societies, Cachar. Subsequently, the respondent no. 6 in WP(C) 6603/2018 (appellant in W.A. 31/2019, Sri Jahurul Islam Laskar) along with the 5 others, Directors of the Board submitted a complaint dtd. 4/7/2017 to the Assistant Registrar of the Cooperative Societies, Cachar that the Chairman namely, Baktar Hussain had failed to hold the Board meeting after 5/8/2017 as per the mandate of Sec. 43 (1) of the Assam Cooperative Societies Act, 2007. The Assistant Registrar of the Cooperative Societies upon receipt of the complaint passed an order directing that the Chairman and the Vice Chairman of the Board of Directors had ceased to be such and the remaining members of the Board of Directors were permitted to elect a new Chairman from amongst themselves by calling a special Board of Directors meeting. Accordingly, a Board of Directors meeting was held on 17/12/2017, wherein the respondent no. 6 i.e. appellant in W.A. 31/2019, Jahurul Islam Laskar was elected the Chairman of the said Society. The petitioner in WP(C) 6603/2018 who is the appellant in W.A. 33/2019--Baktar Hussain, being aggrieved, assailed the said order of the Assistant Registrar by filing WP(C) 7898/2017. The said writ petition was disposed of vide order dtd. 18/12/2017 permitting the aggrieved party i.e. the Appellant in W.A. 33/2019 to prefer an appeal before the Registrar of Cooperative Societies, Assam against the order dtd. 8/12/2017 passed by the Assistant Registrar of Cooperative Societies, Cachar. It was further directed therein that if such an appeal was filed within 7 (seven) days, then the appellate authority should consider the same on merit and pass appropriate orders within 4 (four) weeks thereafter and it was also directed that until the appeal was decided, the election of the new chairman in the consequential meeting held on 17/12/2017 will not be operational.

(3.) This Court vide order dtd. 21/9/2018, while issuing Notice had granted an interim order in favour of the petitioner directing that the impugned order dtd. 14/9/2018 passed by Zonal Joint Registrar of Cooperative Society, Silchar and all consequential steps pursuant thereto shall remain stayed. It was directed that the petitioner--Sri Baktar Hussain shall continue to remain the Chairman of the Society until further orders. The order dtd. 21/9/2018 passed in WP(C) 6603/2018 whereby the interim protection was granted to Sri Baktar Hussain is extracted below:-