ASHIM DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner, a shareholder of Kampur Co-operative Society (hereafter referred to as the Society) has questioned the validity of the proceedings of the Annual General Meeting and elections to its Managing Committee held on 29. 10. 2006. By order dated 17. 11. 2006, this Court while issuing notice on the challenge, restrained the respondent authorities from allowing the newly elected Managing Committee to assume office and function.

(2.) I have heard Mr. A. K. Goswami, Sr. Advocate assisted by Mrs. P. Barman, Advocate for the petitioner, Mrs. V. L. Sinha, learned State Counsel for the official respondents, Mr. G. Baishya, learned Counsel for the respondent No. 6 and Mr. M. K. Boro, learned Counsel for the respondent No. 7.

(3.) THE factual foundation of the petitioner's impugnment is available in the writ petition. He has asserted that the Chairman of the Committee by notice dated 14. 10. 2006 intimated the date of Annual General Meeting and the elections to be fixed on 29. 10. 2006 at Kampur Kameswar Barthakur M. V. School. The notice disclosed inter alia that election of 12 members of the Managing Committee would also be held on that day. Out of the said members eight would be elected from the first group and four from the second group. Thereby the members belonging to class "gha" and loanee members were debarred from casting their votes as well as contesting the elections. Only members of class "ka" (Group-I and II) and "ga" who had not taken loans were declared to be entitled to vote and contest the elections. The petitioner having decided to contest for the post of Chairman submitted his nomination paper on 19. 10. 2006 along with other candidates. In all 5 candidates submitted their nomination papers for the said post. The nomination papers of the petitioner along with that of the respondent No. 6 and others were accepted to be valid. In the elections held, the petitioner secured 249 votes and thus lagged behind respondent No. 6 with 495 votes. The latter was, therefore, elected as the Chairman of the Society.