DISTRICT - MORIGAON vs REP. BY THE ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM,

7: BHURBANDHA G.P.S.S. LTD. REPRESENTED BY ITS CHAIRMAN SRI KHITESWAR BORA AGED ABOUT 56 YEARS SON OF LATE BIDYARAM BORA RESIDENT OF VILLAGE- BHURBANDHA P.O.-BHURABANDHA DISTRICT- MORIGAON ASSAM PIN - 782104. 8: LAHARIGHAT S.S. LTD. REPRESENTED BY ITS CHAIRMAN ABDUL RAJAK AGED ABOUT - 60 YEARS SON OF- LATE ABDUL HAKIM RESIDENT OF VILLAGE - CHATIANTALI P.O. LAHARIGHAT DISTRICT - MORIGAON ASSAM PIN -782127. 9: BAGHJAP S.S. LTD. REPRESENTED BY ITS CHAIRMAN BRAJA NATH DEKA AGED ABOUT - 52 YEARS SON OF LATE BHUMIDHAR DEKA RESIDENT OF VILLAGE- BAGHJAP P.O. NATUN BONGALBORI DISTRICT - MORIGAON ASSAM PIN - 782411. 10: PAVAKATI S.S. LTD. REPRESENTED BY ITS CHAIRMAN Page No.# 3/8 KAMAL SING DEKA AGED ABOUT - 60 YEARS SON OF LATE SURENDRA DEKA RESIDENT OF VILLAGE- PAVAKATI P.O. BHURAGAON DISTRICT - MORIGAON ASSAM PIN - 782121 11: GHAGUA MANIPUR S.S. LTD. REPRESENTED BY ITS CHAIRMAN BRAJEN DAS AGED ABOUT - 58 YEARS C/O LATE SUNDRA DAS RESIDENT OF VILLAGE MANIPUR P.O. MANIPUR DISTRICT - MORIGAON ASSAM PIN - 782105 12: BAGHARA S.S. LTD. REPRESENTED BY ITS CHAIRMAN KHAGEN BORDOLOI AGED ABOUT - 50 YEARS SON OF SADHI RAM BORDOLOI RESIDENT OF VILLAGE- 2 NO. GUNAMARA P.O. AZARBARI P.S. DHARAMTUL DISTRICT - MORIGAON ASSAM PIN - 782105 13: MIKIRBHETA G.P.S.S. LTD. REPRESENTED BY ITS CHAIRMAN MOHI KANTA BORA AGED ABOUT - 55 YEARS SON OF LATE WAKHAN BORA RESIDENT OF VILLAGE- MIKIRBHETA P.O.-MIKIRBHETA DISTRICT - MORIGAON ASSAM PIN - 782001 14: GAGALMARI S.S. LTD. REPRESENTED BY ITS CHAIRMAN ASKAR ALI AGED ABOUT - 47 YEARS SON OF LATE JAHUR UDDIN RESIDENT OF VILLAGE- FALIAMARI HABI P.O.-FALIAMARI PATHAR P.S. MAYONG DISTRICT - MORIGAON ASSAM PIN - 782127. Page No.# 4/8 15: JAGIBHAKATGAON S.S. LTD. REPRESENTED BY ITS CHAIRMAN RAJIB KUMAR MEDHI AGED ABOUT 35 YEARS SON OF MR. SUSENDRA NATH MEDHI RESIDENT OF VILL. JAGIBHAKATGAON DISTRICT - MORIGAON ASSAM PIN - 78241 VERSUS THE STATE OF ASSAM AND 6 ORS. REP. BY THE ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM, COOPERATION DEPTT., DISPUR, GUWAHATI-06. 2:THE ADDL. CHIEF SECRETARY GOVT. OF ASSAM CO-OPERATION DEPTT. DISPUR GUWAHATI-06. 3:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI-781022. 4:THE SECRETARY GOVT. OF ASSAM CO-OPERATION DEPTT. DISPUR GUWAHATI-06. 5:THE ASSTT. REGISTRAR OF CO-OPERATIVE SOCIETIES MORIGAON ASSAM PIN-782105. 6:THE DISTRICT DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MORIGAON DIST. MORIGAON ASSAM PIN-782105. 7:THE DEPUTY COMMISSIONER MORIGAON P.O. AND DIST. MORIGAON ASSAM PIN-782105 Advocate for the Petitioner : MR. A SARMA Advocate for the Respondent : SC, CO OP Page No.# 5/8 HON’BLE MR. JUSTICE MANASH RANJAN PATHAK BEFORE 19-04-2022 O R D E R Heard Mr. K. Kalita, learned counsel for the petitioners and Mr. S. K. Talukdar, learned Standing counsel, Co-operation Department for the respondent Nos. 1 to 6. Also heard Mr. D. Sarmah, learned Additional Senior Government Advocate, Assam for the respondent No.7. The petitioners are the Board of Directors of the respective Co-operative Societies, registered under the Assam Co-operative Societies Act, 2007. The contention of the petitioners herein is that because of the Pandemic Covid-19, they could not hold the Annual General Meetings (AGMs) of their respective Societies during the period of 2021-22. The petitioners herein in this writ petition have prayed for direction to the respondent authorities in the Co-operation Department of the State to exempt them under Section 130(A) of the Assam Co-operative Societies (Amended) Act, 2021 so that they can continue in their office with full force in terms of exemption so granted up to 30.09.2022 and to allow them to hold the respective AGMs within such exempted period and further prayed not to take any coercive action against them under the provisions of Sections 39 and 41 (2) of the Assam Co- operative Societies Act, 2007. By filing an additional affidavit on 04.04.2022, the petitioners have also placed before the Court that the State Government in the Co-operation Department vide Notification dated

01.04.2022 exempted the petitioner Societies from the operation of Sections 39 and 41 (2) of the said 2007 Act upto 30.03.2022. Sections 39 and 41 (2) of the said 2007 Act reads as follows:--

39. Annual General Meeting.— A general meeting to be termed as Annual General Assembly of a registered Cooperative Society shall be held at least once in every Cooperative year within a period of six months of close of the financial year to transact the business as provided in this Act. The Board shall automatically stand dissolved for not holding Annual General Meeting in accordance with the provisions Page No.# 6/8 of the Act and bye-laws within six months from the expiry of every financial year.

41. Elections.— (1) …………….. (2) The election of Directors to a Board shall be conducted before the expiry of the term of the Board so as to ensure that the newly elected members of the Board assume office immediately on the expiry of the office of members of the out-going Board. The State Government by its Notification No. LGL.140/2018/41 dated 09.06.2021 amended the Assam Co-operative Societies Act, 2007 inserting Section 130(A) specifying that the said provision shall come into force w.e.f., 25.03.2020. Said Section 130A of the 2007 Act reads as follows:-- 130A. Exemption of certain provisions by general or special order:-- The State Government, in exceptional circumstances like pandemic may by general or special order, exempt any registered cooperative society or class of registered cooperative societies from the operation of the provisions of Section 39 and Section 41(2) of this Act, for such a period not exceeding six months at a time which shall not further be extended for more than another six months, as may be specified in the said order or may direct that such provisions shall apply to such Society with such modifications and for such a period either from a prospective or retrospective date as may be specified in the order as per the need of the situation” Further, the said Notification dated 09.06.2021 amending the said 2007 Act incorporating Section 130A in it was notified in the Assam Gazette Extraordinary on

09.06.2021 itself. As per Section 130A the operation of provisions of Section 39 and 41(2) of the said 2007 Act pertaining to Registered Co-operative Societies or Class of registered co-operative societies can be exempted in exceptional circumstances like Pandemic, which shall not be for a period of six months at a time which shall not further be extended for more than another six months as may be specified in the order or may direct such provision shall apply to such Society with such modifications or for such a period either from a prospective or retrospective date as may be specified in the order as per the need of the situation. Pursuant to the order of the Court, Mr. S. K. Talukdar, learned Standing counsel, Co- operation Department placed before the Court that initially the State Government in the Co- operation Department by Notification No. COOP328/2021/40 dated 27.01.2022 exempted the petitioners Societies from the operation of Sections 39 and 41(2) of the 2007 Act for a period Page No.# 7/8 of six months from 01.10.2020 to 29.03.2021 after expiry of the term of the Board of Directors of the respective Co-operative Societies under Morigaon Sub-Division. Further, by the subsequent Notification No. COOP.328/2021/76 dated 01.04.2022 the State Government in the Co-operation Department exempted the petitioners Societies from the operation of Sections 39 and 41(2) of the said 2007 Act for the second time for a period of six months from 01.10.2021 to 30.03.2022. By those two Notifications dated 27.01.2022 and 01.04.2022, the State Government in the Co-operation Department exempted the petitioners Societies for six months each on two occasions in terms of Section 130A of the Assam Co-operative Societies (Amendment) Act, 2021 and thereby, the State respondents in the Co-operation Department have complied with the provisions of Section 130A exempting the petitioner Co-operative Societies from the operation of Sections 39 and 41(2) of the said 2007 Act. But, the petitioners during the said exempted period failed to hold their respective AGMs. The petitioners have neither challenged the provisions of Section 130A of the 2007 (Amended) Act nor those two Notifications dated 27.01.2022 and 01.04.2022, noted above, though by those two notifications the State Government in the Co-operation Department have exempted the petitioners Co-operative Societies from the operation of Sections 39 and 41(2) of the said 2007 Act giving retrospective effect. The petitioners have filed this writ petition on 30.03.2022 and the additional affidavit on

04.04.2022. Both in the writ petition as well as in the additional affidavit the petitioners remained silent with regard to the exemption of operation of Sections 39 and 41(2) of the said 2007 Act given to them by the by the State Government in the Co-operation Department on two occasions vide Notifications dated 27.01.2022 and 01.04.2022, in exercise of the powers conferred under Section 130A of the said 2007 Act as amended in the year 2021 for the period from 01.10.2020 to 29.03.2021 and 01.10.2021 to 30.03.2022. Thereby the petitioners have suppressed the aforesaid facts before the Court regarding the exemption of operation of Sections 39 and 41(2) of the said 2007 Act granted to them by the respondent authorities in the Co-operation Department for the period from 01.10.2020 to Page No.# 8/8

29.03.2021 and 01.10.2021 to 30.03.2022. For the reasons above, this Court is of the view that in exercise of the powers conferred under Article 226 of the Constitution of India the relief as prayed for by the petitioners to direct the respondent authorities to grant exemption of operation of Sections 39 and 41(2) of the said 2007 Act to the petitioners Societies under the provisions of Section 130A of the said 2007 Act as amended further upto 30.09.2022 cannot be considered. Consequently, the other prayers of the petitioners made in this petition also are not sustainable in law. Accordingly, this writ petition stands dismissed. The written instruction dated 18.04.2022 of the State Government in the Co-operation placed before the Court today by Mr. S. K. Talukdar, learned Standing counsel, Co-operation Department be kept as part of the record. JUDGE Comparing Assistant