GAUHATI HIGH COURT ISSUES ORDER ON SUJIT DAS AND ANR V/S THE STATE OF ASSAM AND 4 ORS

GUWAHATI, India, Oct. 9 -- Gauhati High Court issued the following order on Sept. 9:

1. Heard Mr. B Sinha, learned counsel for the petitioners. Also heard Mr. S.K. Talukdar, learned standing counsel, Co-operation Department, appearing for respondent Nos.1 to 4 and Mr. P.K. Deka, learned counsel for respondent Nos.5 to 12.

2. The challenge in this writ petition is against the order dated 14.06.2024 passed by the Zonal Joint Registrar of Cooperative Societies, Silchar Zone, by which an earlier order dated 01.01.2024, for the constitution of a One Man Committee was withdrawn and the Board of Directors were restored to run the affairs of the Cooperative Societies.

3. The primary ground of challenge is that the regular Board of Directors of the society in question was constituted in an Annual General Meeting (AGM) held on 16.09.2016. The tenure of such committee expired after five years, i.e., on 15.09.2021. However, it is alleged that despite the expiry of the tenure, on 13.08.2022, a notice was issued by the Secretary of the society to hold the AGM which was accordingly conducted on 28.08.2022.

4. In the backdrop of the above, this court sought instructions from the Department regarding the status of the society, after the expiry of the terms of the earlier Board of Directors as of 15.09.2021, until the new Board of Directors were constituted at its AGM held on 28.08.2022.

5. This court also sought clarification from the Cooperation Department as to how Section 41(6) of the Assam Cooperative Societies Act, 2007, was made operative during the said period.

6. To complete such instructions, the Assistant Registrar of Cooperative Societies, Silchar, communicated the Zonal Joint Registrar of Cooperative Societies vide its communication dated 29.08.2025 with the following intimation:

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqIn1%2FtP9%2FjgvP6eR9Wz8d5SEmtKBBJM9oJVOIKwk9qLk&caseno=WP(C)/3421/2024&cCode=1&cino=GAHC010132312024&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.