JOYNAL ABEDIN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Dubey, the learned counsel for the petitioners and Dr. B. Ahmed, the learned Standing Counsel for the Corporation respondent Nos. 1, 2, 6 and 11 Department. Also heard Ms. P.A. Talukdar, the learned counsel appearing for the respondent Nos. 810.

(2.) By this writ petition under Art. 226 of the Constitution of India, the petitioners have prayed for setting aside and quashing of (i) the impugned order dated 20.08.2015 passed by the North-East Badarpur Cooperative Society Ltd., Badarpur, Dist. Karimganj, Assam by which approval accorded to the proceedings of the annual general meeting where election of North-East Badarpur Cooperative Society limited was held, set aside, and (ii) order dated 26.08.2015, whereby the respondent No. 11 was appointed as the one-man ad-hoc Committee.

(3.) The case projected in the present writ petition is that the North-East Badarpur Cooperative Society Limited was established in the year 1973 under the Assam Cooperative Societies Act, 1949 (now replaced by the Assam Cooperative Societies Act, 2007). The petitioner No. 1 herein was elected as the Chairman in the year 2010. Initially the term of the elected Committee was three years, but in view of the amendment to Sec. 31 of the Assam Cooperative Societies Act, 2007 the term of the Board was extended to five years, as such, the tenure of the petitioner No. 1 was upto the year 2015. In view of the impending elections of the said Society, a list of members was prepared and notified on 20.04.2015. As per the membership list annexed to this writ petition, the membership are under seven categories, viz., (i) Eligible voters of stronger Sec. (Annexure-2), (ii) Non eligible voters of stronger Sec. containing names of expired shareholders and defaulters (Annexure 3 and 4), (iii) Eligible voters of stronger Sec. (Annexure -5), and (iv) List of non eligible voters of stronger Sec. containing names of expired shareholders and defaulters and double names (Annexures-6, 78).