HAR KUMAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) ALL the writ petitions by and between same parties and related to each other, have been heard analogously and are being disposed of by this common judgment and order.

(2.) THE matter relates to holding of Annual General Meeting (AGM) and Election in respect of the particular Cooperative Society relating to which the rival claims have been made. While in the first and second writ petitions filed by four petitioners and single petitioner respectively, the prayer is for setting aside and quashing of the order issued by the Registrar of Cooperative Societies, Assam, by which the AGM/election of the Society held on 21. 12. 2008 has been approved, in the third writ petition filed by two petitioners, the prayer is to set aside and quash the inquiry report dated 29. 12. 2008 of the Joint Inspector/auditor of Cooperative Societies and the order dated 2. 1. 2009 issued by the In-charge Assistant Registrar of Cooperative Societies by which the AGM/election held on 21. 12. 2008 has been disapproved. Although, in terms of the impugned order dated 30. 1. 2009, challenged in the first and second writ petitions, the impugned order in the third writ petition dated 2. 1. 2009 has become redundant but the petitioners have challenged the same as a measure of abundant caution.

(3.) THE case has a chequered history. The Cooperative Society is known as Dibru-Dangori River Part-I Meen Samabay Samity Ltd. In the year 2007, to be precise 30. 5. 2007, the AGM of the Society was held. However, the business of the AGM could be completed only upto agenda item No. 5, whereafter the meeting had to be abandoned due to chaotic situation created by some members present in the meeting. The meeting was adjourned to 10. 6. 2007, on which date the adjourned meeting was held and a new Managing Committee was elected. However, the approval thereof was not accorded by the authority and instead an ad-hoc committee headed by the second writ petitioner i. e. Shri Bhokto Das was constituted. Shri Bhokto Das continued to manage the affairs of the Society till 26. 6. 2008.