LUTFOR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner herein was elected as the Chairman of the said Society in the first meeting of the Board of Directors which was held on 10/7/2019. At this stage, it is relevant to mention that the last election of the Society was held on 23/6/2019 and as many as 15 numbers of Directors were elected including the petitioner. The term of the Board in terms with Sec. 31 of the Assam Cooperative Societies Act, 2007 (for short, 'the Act of 2007') is five from the date of the election of the Directors and the term of the Directors as per Sec. 42 of the Act of 2007 is 5 years from the date of the election.

(2.) It is the case of the petitioner that after assuming the charge as the Chairman of the Board of the Directors of Society, he held Board meeting regularly and the first Board meeting was held on 10/7/2019, and thereafter, on 18/8/2019 and 10/11/2019. It is claimed by the petitioner that under his Chairmanship, the Society was running smoothly without any blemish from any corner. But, of late, at the instigation of the in- Charge Secretary of the Society, i.e. the respondent No. 5 who was restrained from lifting of the PDS/TDPS/NFSA items of the Society due to his corrupt practices in the earlier term of the Society along with some of the Directors who have been arrayed as the respondent Nos.6, 7 and 9, a conspiracy was hatched against the petitioner to oust him from the post of the Chairman.

(3.) It is the further case of the petitioner that most of the Directors of the Board including the respondent Nos. 6, 7 and 9 had given a proposal to the petitioner that the petitioner should give Rs.20,000.00 per month to each of the Directors without any reason. But the petitioner declined to abide by the said proposal. Under such circumstances, the respondent No.5, in concert with the respondent Nos. 6, 7 and 9 along with other Directors, submitted a purported requisition for conveying meeting of no- confidence motion against the petitioner on 26/12/2019 before the Assistant Registrar of Co-operative Societies, Hatsingimari with certain baseless and concocted allegations against the petitioner.