THE GAUHATI HIGH COURT v. THE STATE OF ASSAM AND 7 ORS

Advocate for the Petitioner : MR. A SARMA Advocate for the Respondent : SC, CO OP BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

27.05.2022 ORDER 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. N Goswami, learned Government Advocate, Assam for the respondent No. 7. Petitioners are the elected Board of Directors and Chairman of Bahabari Samabai Samity Limited of Darrang District, a registered Co-operative Society under the Assam Co- operative Societies Act, 2007, as amended. Page No.# 5/7 Though, the petitioners approached the Assistant Registrar of Co-operative Societies (ARCS), Darrang, Mangaldoi during the year 2020 and 2021 to hold AGMs/Elections of the Samabai Samity for the period from 2019-2020 and 2020-2021. However, because of the protocol of Pandemic Covid-19 during the years 2020 and 2021, the authorities concerned did not grant any such approval to the petitioners to hold such AGMs/Elections of their Samabai Samity. It is also submitted by the petitioners that even on March, 2022 the petitioners had approached the respondent authorities seeking permission to hold the AGMs/Elections as the case may be in respect of those two years, noted above, but no such approval was given to the petitioners Samabai Samity. But the Zonal Joint Registrar of Co-operative Societies, Tezpur Zone, Tezpur by the impugned order under No.ZCTG.2/2003-2020/89 dated 01.04.2022 dissolved the Board of Directors of Bahabari Samabai Samity Limited of Darrang District., holding that it failed to hold the AMGs/Elections as required under the provisions of Section 39 and 41(2) of the Assam Cooperative Societies Act, 2007, as amended during the period of 2020-2021 and further exercising the power conferred under Section 41 (6) of the Assam Co-operative Societies Act, 2007, as amended appointed the respondent No.8, Junior Inspector/Auditor of Co-operative Societies, Office of the ARCS, Mangaldoi as One Man Committee to manage the affairs of the said Bahabari Samabai Samity Limited, and to hold the AGMs/Elections 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 petitioners have preferred this writ petition. The State Government 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 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, Page No.# 6/7 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." It is seen that the petitioners are silent regarding their approach before the State Government in the Co-operation Department seeking exemption under Section 130A of the said 2007 Act, as amended to hold the AGMs/Elections of the Bahabari Samabai Samity Limited. However, considering the entire aspect of the matter, the petitioners are directed to approach the Additional Chief Secretary to the Government of Assam in the Co-operation Department, respondent No.2 on or before 06.06.2022 by filing appropriate representation seeking exemption under Section 130A of the said 2007 Act, as amended to hold the AGMs/Elections of the said Society along with a certified copy of this order along with the prayer for redressal of their grievances pertaining to the impugned order under No. ZCTG.2/2003-2020/89 dated 01.04.2022 issued by the Zonal Joint Registrar of Co- operative Societies, Tezpur Zone, Tezpur in dissolving the Board of Directors of the petitioners Society, namely, Bahabari Samabai Samity Limited for not holding any such AGMs/Elections during the period of 2020-2021 of the said Society as required under the provisions of Section 39 and 41(2) of the Assam Cooperative Societies Act, 2007, as amended and further against 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 petitioners for redressal of their grievances as noted above, seeking exemption to hold AGMs/Elections under Section 130A of the said 2007 Act, as amended and against the impugned order under ZCTG.2/2003- 2020/89 dated 01.04.2022, the Additional Chief Secretary to the Government of Assam in the Co-operation Department, respondent No.2 on verification of the relevant records and Page No.# 7/7 on perusal of the reports of the ARCS, Darrang, Mangaldoi as well as Zonal Joint Registrar, Tezpur Zone, Tezpur, shall dispose of the said representation of the petitioners with a reasoned order within a period of 30 days from the date of receipt of such representation from the petitioners. The petitioners also with their said representation shall provide their proper addresses, telephone/mobile numbers, e-mail addresses etc. for issuance of necessary communication. With the above observation and direction, this writ petition is disposed of. JUDGE Comparing Assistant