ABDUR RAZZAQUE Vs. MONIR UDDIN

JUDGEMENT

(1.) The above appeals are inter-related. Writ Appeal No. 319/13 is filed by the members of the society against the managing body seeking a declaration that the managing body has not convened the first Annual General Meeting as required under law. Therefore, the managing body stands automatically dissolved by declaration of Section 39 of the Co-operative Society Act (for short-Act). The Writ Appeal No. 330/13 is filed by the managing body against the interim order of the learned single Judge wherein it was held that the term of the appellant managing body would expire by 31.3.2012.

(2.) The fact matrix discloses that the election to the society in question was held on 25.10.2009 and the counting was started on the next day but because of unruly interruption counting could not be completed and the same was deferred. In that regard WP(C) No. 4676/2009 and WP (C) 4908/2009 were filed by some of the members of the society. The first petition is filed for holding fresh election and the second petition is filed for a direction to hold the counting and to declare the result of the successful candidates. The second writ petition was argued and the learned Single Judge of this Court on 10.2.2012 directed to proceed with the counting and for declaration of the result Since there was order for counting was made the other writ petition No. 4676 of 2009 was disposed of as infructuous. The counting was held on 29.2.2012 and results were declared on the same day. The appellant managing committee is declared elected.

(3.) The Assam Co-operative Society Act, 2007 received presidential assent on 8.1.2012 and it came into effect from 10.3.2012 vide Gazette publication on 5.3.2012. The Assam Co-operative Societies Act, 1949 came to be repealed by the Act 2007. The provisions of Section 39 Assam Co-operative Society Act prior to 5.2.2012 is read as follows: