Judgment · High Court
Case at a glance
- Bench
- B P KATAKEY
Outcome
Disposed of
In view of the above, the present writ petition is disposed of with the
Provisions considered
Judgment
Operative part
Heard Mr. A.K. Goswami, the learned Sr. counsel for the petitioner. The petitioner by the present petition has challenged the proceeding of the Annual General Meeting of the Kukurmara Samabay Samity Ltd. held on 28.08.20 09 and also the order of approval dated 31.08.2009 accorded by the Assistant Reg istrar of Cooperative Societies, approving the proceeding of the said Annual Gen eral Meeting , under Rule 26 of the Assam Cooperative Societies Rules, 1953 fram ed under the Assam Cooperative Societies Act, 1949, basically on two grounds, na mely, (i) such election has been held on the basis of uncorrected voters list an d (ii) the voter list which was though published on 17.08.2009, the last date fo r submitting the nomination was on 18.08.2009 thereby giving only one day time f or the purpose of verification. Section 80 of the Assam Cooperative Societies Act, 1949 provides for a s tatutory appeal against any decision by the Government Officer taken under the A ct. The order dated 31.08.2009 has been passed by the Assistant Registrar accord ing approval to the proceeding of the Annual General Meeting held on 28.08.2009. Hence such order is appealable under Section 80 of the said Act. In view of the above, the present writ petition is disposed of with the observation that the petitioner may approach the appellate authority, namely, th e Registrar of Cooperative Societies under Section 80 of the Act challenging the order of approval and including the proceeding of the Annual General Meeting of the said society within a period of 10 days from today. In the event such appea l is preferred within the aforesaid period of time, the same shall be disposed o f in accordance with law with due notice to all concerned. Such disposal shall b e made within 45 days from the date of receipt of such appeal by the Registrar o f Cooperative Societies. It is needless to say that it is open to the petitioner to approach this court again, if he is aggrieved by the order that may be passe d in such appeal. The writ petition is disposed of.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the above, the present writ petition is disposed of with the
Which statutory provisions did this judgment involve?
Assam Cooperative Societies Act, 1949 — s. 80.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.