NACHINDRA RAI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS writ petition is against the order passed by the registrar of Co- operative societies, Assam holding that the particular Annual General Meeting (AGM) of the society in question was not in conformity with the provisions of the Assam Cp-operative Societies Act and the Rules thereunder and accordingly canceling the same and constituting an Adhoc Managing Committee of the society providing that the said committee would hold the AGM/election within 90 days from the date of issuance of the order.

(2.) BRIEFLY stated, the facts leading to initiation of the writ proceeding are that the Managing Committee of the society represented by the petitioner as its chairman was elected in the meeting held on 27. 7. 2005. As per the provisions of the Assam Co-operative Societies Act, 1949 and the rules, its term was for three years. By order dated 23. 5. 2008, the Registrar of Co-operative Societies granted extension of the term of the Managing Committee upto 30. 6. 2008 for holding agm/election. Such extension was granted on the basis of the application filed by the Managing Committee. Further extension was granted on the basis of another application dated 16. 6. 2008. The extension was for three months and the order was passed on 25. 8. 2008.

(3.) THE Managing Committee of the society in its meeting held on 5. 11. 2008 adopted resolution for holding the AGM/election on 23. 11. 2008. In the same meeting, resolution was also adopted fixing 14. 11. 2008 to 17. 11. 2008 as the period for filing nomination; 18. 11. 2008 as the date for scrutiny of the nominations and 19. 11. 2008 as the date for withdrawal of nominations. The respondent No. 6 i. e. the Sr. Inspector/auditor of Co-operative Societies scrutinized the nomination papers on 18. 11. 2008. Upon such scrutiny while accepting the nomination filed by the petitioner for the post of Chairman, the nomination submitted by the respondent No. 7 for the same post was found to be not in order in absence of signatures of the proposer and seconder and accordingly, it was rejected. Annexure-2 series to the writ petition is the result sheets of scrutiny and the declaration of results for the post of Chairman, Vice Chairman and Members.