HANUMAN ANCHALIA Vs. STATE ASSAM

JUDGEMENT

(1.) The petitioners, 5 [five] in nos., have joined together to institute the instant writ petition under Article 226 of the Constitution of India seeking inter alia a writ in the nature of certiorari to set aside an order dtd. 19/10/2022 passed by the respondent no. 3 i.e. the Zonal Joint Registrar of Co-operative Societies, Silchar Zone, Silchar, whereby the petitioners were directed to be removed from the Board of Directors of M/s Jamira Samabay Samity Ltd.

(2.) The events leading to the passing of the impugned order by the respondent no. 3 need a brief narration of the previous events.

(3.) M/s Jamira Samabay Samity Ltd. [hereinafter referred to as 'the Society', for short] is a cooperative society registered under the provisions of the Assam Cooperative Societies Act, 2007 [ 'the Act, 2007' and/or 'the 2007 Act', for short]. The Annual General Meeting [AGM]/Election of the Board of Directors of the Society for the year : 2022-2023 was held on 16/5/2022 pursuant to a notice dtd. 11/4/2022 for the same. As per the schedule of the AGM/Election for the year : 2022-2023, the petitioners submitted their nomination papers and the petitioners were declared eligible to contest for the Election for directorship in the Society. Accordingly, the petitioners contested the Election and after the counting process, it was declared that the petitioners had received the requisite nos. of votes to be elected as the Directors of the Society in the Election so held on 16/5/2022. The Returning Officer for the Election had accordingly issued respective Certificate of Winner in favour of the petitioners certifying that the petitioners were elected as Directors of the Society.