GAUHATI HIGH COURT ISSUES ORDER FOR MD ABDUL HASIB AND 7 ORS V/S THE STATE OF ASSAM AND 6 ORS

GUWAHATI, India, Sept. 28 -- Gauhati High Court issued the following order on Aug. 27:

1. The petitioners, who are 8 in nos., have joined together in challenging an order dated 24.01.2024 issued by the Registrar of Cooperative Societies, Assam, whereby the elections held for the Odali Samabai Samity Limited (hereinafter the Samity) was disapproved and a One Man Committee has been constituted.

2. As per the facts projected, a notice for election for the aforesaid Samabai Samity was published on 24.08.2023. Vide another order of the same date, the Returning Officer and Assistant Returning Officer were appointed for the said elections, which were scheduled on 23.09.2023. The petitioners had contested in the said elections held on the scheduled date i.e. 23.09.2023 and the counting was held on 25.09.2023 which had continued till the wee hours of 26.09.2023 and the results were declared wherein the present petitioners along with 7 others were declared to be elected. In the said elections, however, the respondent nos. 6 and 7 were not elected. On 26.09.2023, an application was submitted by respondent no. 6 for recounting wherein anomalies were alleged in the election process. On the next date i.e. 27.09.2023, another application for recounting was made by respondent nos. 6 and 7. On the aforesaid application dated 27.09.2023, the Assistant Registrar of Cooperative Societies, Hojai (hereinafter, ARCS) had issued a communication dated 29.09.2023 to the Returning Officer to make an enquiry.

3. On 06.10.2023, the respondent nos. 6 and 7 had preferred an appeal before the Registrar of Cooperative Societies, Assam against the election process. On the same day, the ARCS had passed an order dated 06.10.2023 whereby the prayer for recounting was rejected as the said complaint was not received in time and further that the requisite fees for such recounting was not paid. The order was passed after receipt of a report which was called for. Thereafter, the said respondent nos. 6 and 7 had filed a writ petition in this Court being WP(C)/6206/2023. This Court, however by taking note of the fact that an appeal was filed and it might amount to be a parallel proceeding had dismissed the writ petition vide order dated 10.11.2023.

4. In the said appeal, hearing was held and thereafter vide the impugned order dated 24.01.2024, the election was disapproved and a One Man Committee was constituted. It was stated that though the results of the election were declared on 26.09.2023, the date on the result sheet was given as 25.09.2023 and therefore there was gross anomaly. A report of the SP, Hojai was also taken into consideration regarding keeping of the ballot boxes after conclusion of the election.

5. The petitioners have also obtained the communications relating to a show-cause notice issued to the Returning Officer on the aforesaid aspect and the said Returning Officer had submitted a reply on 17.02.2024 wherein the aspect of human error in putting the date has been stated. The petitioners have highlighted that the counting continued from 25.09.2023 till the wee hours of 26.09.2023 and therefore while putting the date with the signature, the Returning Officer had given the date as 25.09.2023 and this aspect was clearly explained by the Returning Officer as a human error.

6. I have heard Shri I.A. Talukdar, learned counsel for the petitioners. I have also heard Shri SK Talukdar, learned Standing Counsel, Cooperation Department as well as Shri H. Das, learned counsel for the respondent nos. 6 and 7. Ms. M. Barman, learned State Counsel is also present.

7. Shri I.A. Talukdar, the learned counsel for the petitioners have submitted that the so-called anomaly have been clearly explained by the Returning Officer in his reply dated 17.02.2024. He has also submitted that the complaints dated 26.09.2023 and 27.09.2023 which have been put on record would reveal that there were no grounds at all for such complaint.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqNf7UOIrGu3UoaLJk9brn1Z%2Fo0xcbBbAlRqUC7WW1RAU&caseno=WP(C)/1506/2024&cCode=1&cino=GAHC010051022024&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.