FOYZUL HOQUE MAZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition under Article 226 of the Constitution of India is preferred inter-alia to assail an Order dtd. 11/12/2024 passed by the respondent no. 3 in an appeal preferred by the respondent no. 5 on 10/12/2024 against an Order dt. 7/12/2024 passed by the respondent no. 4.

(2.) By the impugned Order dt. 11/12/2024, the respondent no. 3 had admitted the appeal preferred by the respondent no. 5 under Sec. 111[1] of the Assam Cooperative Societies Act, 2007 and passed an interim direction. By the impugned Order, the respondent no. 3 while admitting the appeal, had stayed the Order dtd. 7/12/2024 passed by the respondent no. 4 whereby the respondent no. 4 had accorded approval to a resolution passed by the Board of Directors of M/s Rajweswarpur Samabay Samity Limited, District-Hailakandi as the Secretary. The respondent no. 3 had further observed that the interim order of stay would remain in operation till the disposal of the appeal preferred by the respondent no. 5 under Sec. 111[1] of the Assam Cooperative Societies Act, 2007 ['the Act, 2007' and/or 'the 2007 Act', for short].

(3.) The facts leading to the institution of the writ petition can be narrated, in brief, at first. The petitioners, nine in nos., have approached this Court stating that they have a common cause of action. The petitioner no. 1 to petitioner no. 8 are Directors in the Board of Directors of M/s Rajweswarpur Samabay Samity Limited, District-Hailakandi ['the Society', for short], a cooperative society registered under the provisions of the Act, 2007. The petitioners have stated that the petitioner no. 1 to petitioner no. 8 got elected to the Board of the Society in an Annual General Meeting [AGM]/Election, held on 18/7/2022, with five years tenure. The respondent no. 4 had approved the proceedings of the said AGM/Election on 21/7/2022.