GAUHATI HIGH COURT ISSUES ORDER ON BOARD OF DIRECTORS OF GREATER BADARPUR PRIMAY MILK PRODUCTION AND ANR. V/S THE STATE OF ASSAM AND ORS. CASE

GUWAHATI, India, Sept. 23 -- Gauhati High Court issued the following order on Aug. 22:

1. We have heard Mr. S. Banik, learned Advocate for the appellants and Mr. S.K. Talukdar, learned Standing Counsel, Cooperation Department for the respondent Nos.1, 2 & 3. We have also heard Mr. B. Sinha, learned Advocate for the respondent No.4.

2. By the impugned judgment dated 15.07.2024 passed in WP(C) No763/2023, a learned Single Judge of this Court has held that the appellant/Board gets dissolved for not complying with the provisions of Section 39 of the Assam Co-operative Societies Act, 2007 (hereinafter to be referred as "Act of 2007"). As a sequel to this, the next election held on 17.04.2022 and approved on 25.04.2022 is also rendered non est in the eyes of law.

3. Short facts, which would be necessary for disposal of this case, are that the appellant/Board was constituted for the period 25.05.2017 to 25.05.2022. In accordance with the mandate of Section 39 of the Act of 2007, Annual General Meeting (AGM) was held, according to the Board, on 30.09.2021 with respect to budgetary approvals, etc., which was approved on 19.10.2021. However, the Secretary of the Board (respondent No.4) made a complaint before the Assistant Registrar of the Co-operative Societies, Karimganj that no AGM was held within a period of 6(six) months, as mandated under Section 39 of the Act of 2007 and, therefore, the Board gets automatically dissolved. However, this complaint preferred by the respondent No.4 before the Assistant Registrar, was not entertained.

4. The respondent No.4 thereafter appealed before the Registrar of Cooperative Societies, Assam alleging that, in fact, the AGM was held on 03.10.2021 but by tampering of the records, it was made to look like as if it was held on 30.09.2021.

5. The Registrar of Co-operative Societies, Assam, on perusal of records and after hearing all the concerned, observed that the AGM was held on 22.09.2021 but the meeting was adjourned because of lack of quorum. The adjourned meeting was held on 30.09.2021 for which there was quorum. Subsequently, the Assistant Registrar of the Co-operative Societies, Karimganj approved the proceedings of the AGM. With respect to the allegation of respondent No.4 that the date of the meeting was tampered with, the learned Registrar was of the view that it was the respondent No.4, who was in custody of the records of the proceedings of the Board and, therefore, if there was any manipulation or tampering, it was him and not any other functionary of the Board. With respect to the removal of the respondent No.4 as Secretary, no interference was made by the learned Registrar.

6. It would be relevant herein in this context to state that while all this was going on, elections were held and the present Board was constituted which was also confirmed later.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqMfmzTxL22hFpQeMpVXawWJfYnsMuF064X3%2BM5TrVjVu&caseno=WA/226/2024&cCode=1&cino=GAHC010142002024&state_code=6&appFlag=)

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