THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM AND 4 ORS
Case at a glance
Provisions considered
- Assam Co-operative Societies Act, 2007 ss. 41(2), 41(6), 42
Judgment
Advocate for the Petitioner : MR. A M KHAN Advocate for the Respondent : SC, CO OP Linked Case : WP(C)/6583/2022 THE BOARD OF DIRECTORS OF JOGIGHOPA SAMABAY SAMITTEE LTD REP. BY ABDUL MANNAF S/O. LT. JASMAT ALI VILL. CHEDAMARI P.O. BALAPARA P.S. JOGIGHOPA DIST. BONGAIGAON ASSAM. VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM CO-OPERATION DEPTT. DISPUR GUWAHATI-06. 2:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI-22. 3:TH ADDL. REGISTRAR OF COOP. SOCIETIES KOKRAJHAR ZONE KOKRAJHAR ASSAM. 4:THE ASSTT. REGISTRAR OF CO-OPERATIVE SOCIETIES Page No.# 3/4 NORTH SALMARA ABHAYAPURI DIST. BONGAIGAON ASSAM. ------------ Advocate for : MR. A M KHAN Advocate for : SC CO OP appearing for THE STATE OF ASSAM AND 3 ORS BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
25.07.2023 ORDER Heard Mr. A M Khan, learned counsel for the petitioners and Mr. S K Talukdar, learned Standing counsel, Co-operation Department, Assam for the respondents. In both the writ petitions, Jogighopa Samabay Samittee, a registered Co-operative Society, Balapara, District–Bongaigaon is involved in the cases. During the deliberation of the matters, learned counsels for the parties stated that elected Members of the Board and the office bearers of said Jogighopa Samabay Samittee had completed its term/tenure of five years on 07.07.2023 as provided under Section 42 of the Assam Co-operative Societies Act, 2007 considering their AGM held in the year 2018. Accordingly, these writ petitions being infructuous stands dismissed. The interim order passed earlier on 06.05.2022 stands vacated. Now, the Registrar of Co-operative Societies, Assam along with the other respondents in the Co-operation Department and the Deputy Commissioner, Bongaigaon shall do the needful to hold fresh elections, for the petitioners Co-operative society, as per the provisions of Section 41 (2) read with Section 41(6) of the Assam Co-operative Societies Act, 2007, at the earliest, if not already held after the expiry of the term of the previous members of the Board and the office bearers of said Society. Comparing Assistant Page No.# 4/4 JUDGE
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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