ABDUL HASIB Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioners, who are 8 in nos., have joined together in challenging an order dtd. 24/1/2024 issued by the Registrar of Cooperative Societies, Assam, whereby the elections held for the Odali Samabai Samity Limited (hereinafter the Samity) was disapproved and a One Man Committee has been constituted.

(2.) As per the facts projected, a notice for election for the aforesaid Samabai Samity was published on 24/8/2023. Vide another order of the same date, the Returning Officer and Assistant Returning Officer were appointed for the said elections, which were scheduled on 23/9/2023. The petitioners had contested in the said elections held on the scheduled date i.e. 23/9/2023 and the counting was held on 25/9/2023 which had continued till the wee hours of 26/9/2023 and the results were declared wherein the present petitioners along with 7 others were declared to be elected. In the said elections, however, the respondent nos. 6 and 7 were not elected. On 26/9/2023, an application was submitted by respondent no. 6 for recounting wherein anomalies were alleged in the election process. On the next date i.e. 27/9/2023, another application for recounting was made by respondent nos. 6 and 7. On the aforesaid application dtd. 27/9/2023, the Assistant Registrar of Cooperative Societies, Hojai (hereinafter, ARCS) had issued a communication dtd. 29/9/2023 to the Returning Officer to make an enquiry.

(3.) On 6/10/2023, the respondent nos. 6 and 7 had preferred an appeal before the Registrar of Cooperative Societies, Assam against the election process. On the same day, the ARCS had passed an order dtd. 6/10/2023 whereby the prayer for recounting was rejected as the said complaint was not received in time and further that the requisite fees for such recounting was not paid. The order was passed after receipt of a report which was called for. Thereafter, the said respondent nos. 6 and 7 had filed a writ petition in this Court being WP(C)/6206/2023. This Court, however by taking note of the fact that an appeal was filed and it might amount to be a parallel proceeding had dismissed the writ petition vide order dtd. 10/11/2023.