AMIR UDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this writ petition the petitioner who claims to be elected as the Chairman of the Namati Samabai Samity Ltd. Nagaon (hereinafter referred to as the 'Society') in its meeting held on 21.5.03 seeks an appropriate writ or direction from this court to the respondent No. 3 to allow him and other elected members to run the affairs of the said society and also to approve the proceedings of the meeting heldon21.5.03.

(2.) I have heard Mr. A. B. Choudhury, learned counsel for the petitioner, Mr. D. Goswami, learned State counsel and Mr. G. Baishya, learned counsel for the newly, impleaded respondent Nos. 5 to 10 who are the shareholders of the society.

(3.) The controversy revolves around the non approval of the proceedings of the Annual General Meeting of the Society held on 21.5.03 pursuant to the notice issued by the Ex Chairman and the Secretary thereof. A notice dated 5.5.03 was published convening the A.G.M. of the Society on 21.5.03 inter alia for election of the Chairman, Vice Chairman and other members of the Managing Committee thereof. One Sri Mridul Kumar Kalita who was appointed as the Assistant Returning Officer attended the office of the said society on 10.5.03 to receive the nominations. The respondent No. 4, Sri Dhrubajyoti Laskar, Junior Inspector-cum-Auditor, Cooperative Societies, Hojai was appointed as the Returning Officer. According to the petitioner, the meeting was held on21.5.03 as scheduled as there was the requisite quorum. In due time, the election agenda of the A.G.M. was taken up and as per the agenda, voting started at 11.15 AM. On completion of the voting, the counting began and the results were declared by the Returning Officer, Respondent No. 4. The petitioner was declared elected as Chairman of the new body. The Returning Officer, respondent No. 4 also prepared a result sheet on 22.5.2003. However, when the meeting moved to the next item of the agenda on 22.5.03 some persons suddenly created a chaos by shouting, throwing stones, pieces of bricks at the person seated in the meeting and ultimately snatched away the proceeding Book and other records from the Returning Officer. The Returning Officer on 28.5.03 submitted a report. However, as the approval of the meeting was withheld by the Respondent No. 3, the petitioner along with other members of the elected body could not take charge of the affairs of the society. A representation was filed by the petitioner on 31.5.03 for according approval to the proceedings of the election, but as no action was taken thereon, the petitioner has approached this court praying for the above reliefs.