MAZIBUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioners seeking a mandamus upon the respondents to allow the petitioners, who were earlier the Board of Directors of Tengaguri SS Ltd for participating in the AGM as well as in the election of the Board of Directors of Tengaguri SS Ltd, Morigaon for the year 2023-2024, which is to be held on 27/8/2023.

(2.) From a perusal of the writ petition, it transpires that the petitioners herein were elected as the Board of Directors of Tengaguri SS Ltd (for short 'the Cooperative Society') on the basis of an election held on 20/7/2017. In terms of the provisions of Sec. 31 of the Assam Cooperative Societies Act, 2007 (for short, the Act of 2007), the term of the said Board of Directors was to expire on 19/7/2022. Be that as it may, by an order dtd. 20/4/2021, the Zonal Joint Registrar of Cooperative Societies had dissolved the management of the Cooperative Society as it had failed to hold AGM/election for the year 2020-2021 as was required under Sec. 39 of the Act of 2007. By the same order, one Shri Bipul Kumar Bora, Senior Inspector/Auditor of Cooperative Societies was appointed as an Officer on Management and was entrusted to convene the AGM/Elections of the Cooperative Society to constitute the Board of Directors within 90 days.

(3.) It further reveals from the records that one Abdul Subhan and nine others had filed a petition on 12/5/2021 praying for restoration of the Board of Directors of the Cooperative Society. The learned counsel for the petitioner, however, submits that that the petitioners herein were not amongst the 10 persons who approached the Zonal Joint Registrar of the Cooperative Societies then.