ABDUL RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THESE writ petitions, arising out of almost similar facts and having given rise to common question for determination, have been finally heard analogously at the admission stage itself, in view of the order dated 18. 8. 09 passed in W. A. No. 231/2009, and are disposed of by this common judgment.

(2.) THE common challenge in all these writ petitions is the legality and validity of the impugned notification issued by the Secretary of the Government of Assam Co-operation Department, dated 28. 5. 2009, exempting all Gaon Panchayat Samabai Samitees (GPSS) of the State of Assam from operation of Section 32 (1) to 32 (6) of the Assam Co-operative Societies Act, 1949, extending the term of the existing managing committees for a further period of six months w. e. f. 1st May, 09. It is further reflected in the notification that the order has been issued in order to give the GPSS reasonable time for holding the AGM/election in view of the parliamentary election 2009 which has just ended. The further prayer made in W. P. (C) Nos. 2374 and 2373 of 2009 is for a direction to hold the AGM of the petitioner's society within 45 days whereas in WP (C) No. 2461 it is prayed that the petitioners be allowed to hold the annual general meeting/election of the GPSS within 31. 3. 2009 i. e. within the tenure of 3 years from the date of holding of the first meeting of the elected body, in terms of Rule 27 of the Assam Co-operative Societies Rules.

(3.) THE pointed grievance raised on behalf of the petitioners is that the impugned notification dated 28. 5. 2009 is illegal, unjust and improper and is against the scope and spirit of the Assam Co-operative Societies Act, 1949 and the rules framed thereunder, apart from being violative of the Bye-laws of the Societies. It is further contended that the grounds on which the exemption was granted to all the GPSS Ltd from the operation of Section 32 (1) to 32 (6) of the Act, allowing the existing managing committees to continue after expiry of their terms is not permissible under the relevant statute/rules and Bye-laws of the Society and as such the impugned notification is liable to be quashed, allowing the petitioners Societies to hold the AGM and elect members to from the managing committees as per the provisions of Section 32 of the Act. Further contention of the learned counsels are that the ground on which the aforesaid exemptions are granted is a non-existent one and the parliamentary election in Assam having been completed in the month of May, 2009, itself there was no occasion for exempting the societies from the operation of Section 32 of the Act for another 6 (six) months and to extend the life term of the managing body/administrative council of the Societies which has otherwise expired.