M/S BARPETA WHOLESALE COOPERATIVE SOCIETY LIMITED v. The State of Assam

Advocate for the Petitioner : MR. I H LASKAR Advocate for the Respondent : GA, ASSAM BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 30-05-2022 Heard Mr. P. K. Deka, learned counsel for the petitioner and Ms. S.T.Boqt, learned counsel appearing on behalf of Mr. S. K. Talukdar, learned Standing counsel, Co-operation Department for the respondent Nos. 1, 2, 3 and 5 to 7. Also heard Mr. K. Goswami, learned Additional Senior Government Advocate, Assam for the respondent No. 4. Petitioner herein is a wholesale Co-operative Society in the name and style of M/s Barpeta Wholesale Co-operative Society Limited, District Barpeta represented by its President. The existing Board of Directors of the said Society was elected in its last Annual General Meeting (AGM) held on

22.06.2019 for the year 2019-2020. It is stated by the petitioner that though the Board of Directors of said Society approached the concerned authority for its approval to hold the AGM of the said Society for the years 2020-2021 and Page No.# 3/5 2021-2022 but due to the protocol of Pandemic Covid-19 was in force, the authority of Barpeta District Administration did not grant any such approval to the petitioner Society to hold its AGM/Election for those two years, noted above. Subsequently, the petitioner Society filed a representation before the Assistant Registrar of Co- operative Societies, Barpeta for extension of time for holding its AGM/Election and accordingly, the concerned authority forwarded the said representation of the petitioner Society to the Registrar of Co- operative Societies, Assam on 30.09.2021 with a request to extend time for holding the AGM of the said Society. However, without considering the representation of the petitioner Society, the Zonal Joint Registrar of Co-operative Societies, Guwahati Zone by order under No. NCON3/2017/274 dated

08.11.2021 dissolved the Board of Directors of said Barpeta Whole Co-operative Society Limited, District Barpeta observing that it failed to hold the AGM/Election for the years 2020-21 & 2021-22 as required under the provisions of Section 32 of the Assam Co-operative Societies Act, 2007 and further exercising the power conferred under Section 41(6) of the said 2007 Act as amended, appointed one Sri Dharmendra Deka, Senior Inspector/Auditor of Co-operative Societies, Office of the Assistant Registrar of Co-operative Societies, Barpeta as One Man Committee directing him to perform all functions of the Board and to convene the AGM of said Society to constitute its Board of Directors within a period of 90 days from the date of issuance of the said order at the cost of the Society. Being aggrieved with the same, the petitioner Society has preferred this writ petition praying amongst others for direction to the respondent authorities in the Co-operation Department to quash and set aside the impugned dissolved order dated 08.11.2021 and to allow it to hold the AGM/Election of the said Society for the years 2020-2021 & 2021-2022. The State Government in the Co-operation Department by its Notification No. LGL.140/2018/41 dated 09.06.2021 published in the Assam Gazette Extraordinary No. 261 on 09.06.2021 itself amended the Assam Co-operative Societies Act, 2007 inserting Section 130A 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 be general or special order, exempt any registered co- operative 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 Page No.# 4/5 may direct that such provisions shall apply to such Society with such modifications and for such a period either from a prospective of retrospective date as may be specified in the order as per the need of the situation.” It is seen that on 27.01.2022, the petitioner Society approached before the District Deputy Registrar of Co-operative Societies, Barpeta seeking exemption under Section 130A of the Assam Co- operative Societies, Act 2007 as amended to hold its AGM/Election for the years 2020-2021 & 2021-

2022. After hearing the learned counsels for the parties and considering the entire aspect of the matter, the petitioner Society is directed to approach the Additional Chief Secretary to the Government of Assam in the Co-operation Department on or before 07.06.2022 by filing an appropriate representation seeking exemption under Section 130A of the said 2007 Act, as amended to hold the AGM/Election of the said Society along with the earlier representation submitted before the ARCS, Barpeta which was forwarded to the RCS, Assam on 30.09.2021 with the prayer for redressal of its grievances pertaining to the impugned order under No. NCON3/2017/274 dated 08.11.2021 issued by the Zonal Joint Registrar of Co-operative Societies, Guwahati Zone dissolving the Board of Directors of said Barpeta Whole Co-operative Society for not holding any such AGM/Election for the years 2020- 2021 & 2021-2022 of the said Society as required under the provisions of Sections 39 & 41 (2) of the said 2007 act as amended and further against the appointment of One Man Committee under Section 41(6) of the said 2007 Act as amended. In the event of filing such representation by the petitioner Society for redressal of its grievances seeking exemption to hold its AGM/Election for those two years as noted above, under Section 130A of the said 2007 Act, as amended and against the impugned order dated 08.11.2021, the Additional Chief Secretary to the Government of Assam in the Co-operation Department, on verification of the relevant records and on perusal of the reports of the Assistant Registrar of Co-operative Societies, Barpeta as well as the Zonal Joint Registrar, Guwahati Zone, shall dispose of the said representation of the petitioner Society with a reasoned order within a period of 45 days from the date of receipt of said representation from the petitioner Society intimating about the outcome of said representation to it . The petitioner Society along with its said representation shall also provide its proper address, telephone/mobile number, e-mail address etc. for necessary communication. In the event of filing any such representation before the Additional Chief Secretary to the Government of Assam in the Co-operation Department on or before 07.06.2020 by the petitioner Society, as directed above, till such disposal of the said representation of the petitioner Society, the Page No.# 5/5 respondent authorities in the Co-operation Department including the respondent No. 7, Senior Inspector/Auditor of Co-operative Societies, Office of the Assistant Registrar of Co-operative Societies, Barpeta, One Man Committee of said Barpeta Wholesale Co-operative Society Limited, shall not take any such step towards holding of the Election of the said Society, if in the meanwhile, no such Election of the Board of Directors of the Society was held after the order of the Zonal Joint Registrar of Co- operative Societies, Guwahati Zone issued under No. NCON3/2017/274 dated 08.11.2021. With the above observation and direction, this writ petition stands disposed of. JUDGE Comparing Assistant