KRITI KANTA DAS Vs. TULSI DAS

JUDGEMENT

(1.) Heard Mr. J. Ahmed, learned counsel for the appellant. Also heard Mr. H.R.A. Choudhury, learned senior counsel for the respondent No. 1 and Mr. P.S. Deka and Ms. B. Gogoi, learned State Counsel appearing for the respondent Nos. 2 to 6.

(2.) This appeal has a long and chequered history. The appellant was the Chairman of M/s Ghiladhari Na-duar Min S.S. Ltd. having had been elected in the year 2003 in a general meeting of the society under Section 32 of the Assam Co-operative Societies Act. For various reasons, the details of which may not be necessary now, by an order dated 21.6.06 the above mentioned elected body, of which the appellant was the Chairman was dissolved by the Registrar of Co-operative Societies. Aggrieved by the said order a writ petition was preferred in this Court in WP(C) No. 3338/06. By an order dated 21.7.06 this Court quashed the impugned order dated 21.6.06 and directed the Managing Committee to be restored to office.

(3.) On assumption of the office the Managing Committee realized that as it was under an obligation to convene the annual general meeting before 31.8.06 and as they were restored to office just 10 days prior to such due date they were not in a position to hold the annual general meeting within the stipulated period. Therefore, the Managing Committee sought an extension of time for holding the annual general meeting. They made an application invoking Section 32 (2) of the Assam Co-operative Societies Act, 1949 praying for extension of time for holding the annual general meeting which application was eventually allowed by an order dated 31.7.06 of the Zonal Joint Registrar granting time to the Managing Committee to hold the election till 27.8.06.