MD. ABDUL KASIM, S/O MD. ISLAM ALI, R/O VILLAGE Vs. STATE OF ASSAM, REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, COOPERATION DEPARTMENT, DISPUR, GUWAHATI

JUDGEMENT

(1.) Heard Ms M. Hazarika, learned senior counsel for the petitioners assisted by Mr. M.K. Borah, learned counsel as well as Dr. B. Ahmed, learned standing counsel, Cooperation Department appearing for the respondent Nos. 1 to 4. None appears for respondent Nos. 5 to 7 despite service of notice.

(2.) This writ petition is filed challenging the order dated 4.10.2016 issued by the Zonal Joint Registrar of Cooperative Societies, Tezpur Zone wherein it is recorded that as the Management of Bordolguri Samabai Society Ltd., for short, the Society, registered under the Assam Cooperative Societies Act, 2007, for short, the Act, had failed to hold the Annual General Meeting (AGM) for the year 2016-2017, by operation of Sec. 39 of the Act, the Managing Committee of the Society stood automatically dissolved. Accordingly, by the said order dated 4.10.2016, in exercise of powers conferred under Sec. 41(6) of the Act, a one man ad hoc committee was constituted to manage the affairs of the Society as per the Bye-laws of the Society and to hold the election within 90 days from the date of issuance of the order dated 4.10.2016.

(3.) Prayer is also made for setting aside the order dated 25.10.2016 passed by the Registrar of Cooperative Societies directing holding of AGM and fresh election of the Society. The order dated 25.10.2016 was passed on an appeal filed by some of the writ petitioners.