ABU HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K.A. Mazumdar, learned counsel for the petitioners, Dr. B. Ahmed, learned Standing Counsel for Co-operation Department and Mr. M. Khan, learned counsel appearing for the respondent Nos. 7 to 12.

(2.) The petitioners herein were elected to the Board of Directors of the Guriadhap Co-operative Society in the Annual General Meeting held on 29.09.2016. The term of election of the Board of Directors was for a period of five years. The first meeting of the Board of Directors was held on 17.10.2016 and in the said meeting all the members had taken their oath and elected Nur Islam Mondal and Siraj Ali as the President and Vice President, respectively, of the Board. The election of the Vice President and the President, as well as the election of the Board of Directors, were duly approved by the Assistant Registrar of Co-operative Societies on 18.10.2016. Upon assuming its office, three subsequent Board meetings were held on 05.11.2016, 04.12016 and 05.02017.

(3.) On 21.12.2016, a complaint was lodged by about 166 share holders, which was addressed to the Assistant Registrar of Co-operative Societies, Goalpara inter-alia stating that the election of the petitioners to the Board of Directors be declared illegal and new Board of Director be elected in their place. The allegation was that the petitioners before being elected did not attend the Annual General Meeting for the previous five years and as such, they were ineligible to be Directors.