Page No.# 1/10 GAHC010068112023 2025:GAU-AS:12135 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1956/2023 DILIP BARUAH S/O- LATE LALIT CHANDRA SHARMA BARUAH, R/O- VILL.- MILANPUR, WARD NO. 6, P.O. AND P.S. BISWANATH CHARIALI, DIST. SONITPUR, ASSAM, PIN- 784176. VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, CO-OP. DEPARTMENT, 2ND FLOOR, E-BLOCK, JANATA BHAWAN, DISPUR, GUWAHATI, DIST. KAMRUP(M), ASSAM, PIN- 781006. 2:THE REGISTRAR OF CO-OP. SOCIETIES ASSAM KHANAPARA GUWAHATI PIN- 781022. 3:THE ZONAL JOINT REGISTRAR OF CO-OP. SOCIETIES TEZPUR ZONE P.O. AND P.S. TEZPUR DIST. SONITPUR ASSAM PIN- 784001. 4:THE DIST. DY. REGISTRAR OF CO-OP. SOCIETIES TEZPUR DIST. SONITPUR ASSAM PIN- 784001. Page No.# 2/10 5:THE ASSTT. REGISTRAR CO-OPERATIVE SOCIETIES BISWANATH CHARIALI DIST. SONITPUR ASSAM PIN- 784176. 6:THE DY. COMMISSIONER TEZPUR DIST. SONITPUR ASSAM PIN- 784001. 7:BINAPANI CO-OP STORES LTD. REPRESENTED BY ITS PRESIDENT A BODY CONSTITUTED UNDER THE ASSAM CO-OPERATIVE SOCIETIES ACT 1949 HAVING ITS CORPORATE OFFICE AT BISWANATH CHARIALI AND A LOCAL HEAD OFFICE AT NH-15 BISWANATH CHARIALI DIST. SONITPUR ASSAM PIN- 784176. 8:THE MANAGING SECRETARY BINAPANI CO-OP STORES LTD. AT NH-15 BISWANATH CHARIALI DIST. SONITPUR ASSAM PIN- 784176. 9:BIPUL BARUAH S/O- LATE LALIT CH. SHARMA BARUAH R/O- VILL.- MILANPUR WARD NO. 6 P.O. AND P.S. BISWANATH CHARIALI DIST. SONITPUR ASSAM PIN- 784176 Advocate for the Petitioner : MR D C K HAZARIKA, MS J KALITA,J BEZBARUAH Advocate for the Respondent : GA, ASSAM, MS. J GHOSH(R-7,8),MS. K L R YANTHAN(R- 7,8),MS. U NANDA(R-7,8),MR. S C BISWAS(R-7,8),SC, CO OP Page No.# 3/10 BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 21/08/2025 Heard Ms. J Bezbaruah, learned counsel for the petitioner. Also heard Mr. G Bordoloi, learned Standing counsel, Co-operation Department appearing for the respondent Nos. 1 to 5 and Mr. M Chetia, learned counsel for the respondent No. 9. 2. The challenge in the present proceeding is to the resolutions adopted in the Annual General Meeting and Special General Meeting of the Binapani Co-operative Stores Limited on 30.05.2022 and 30.11.2022, respectively and the approval granted to the resolutions, so adopted by the District Deputy Registrar of Co-operative Societies, Tezpur on 27.12.2022. 3. As projected in the writ petition, the petitioner is the son of Kamala Devi. The mother of the petitioner, Kamala Devi, was a share holder in Binapani Co-operative Stores Limited (hereinafter, referred to as the Co-operative Society). 4. It is projected in the writ petition that the mother of the petitioner during her lifetime had nominated the petitioner, herein, as her nominee for being transferred the share held by her. Pursuant to the death of the mother of the petitioner, which had occasioned on 19.02.2022, the petitioner had approached the authorities of the Co-operative Society for transfer of the share held by the mother of the petitioner in his favour. 5. It is to be noted herein that the mother of the petitioner had made the said nomination in favour of the petitioner on 28.10.2021 and had thereby changed the earlier nomination, so made by her in favour of her younger son Bipul Baruah, i.e., the respondent No. 9. The Board of Directors of the Society in its meeting held on 27.11.2021, had unanimously resolved to transfer the share of the mother of the petitioner in the name of the petitioner and had also directed the Managing Secretary of Society to forward a true copy of Page No.# 4/10 the said resolution to the jurisdictional Assistant Registrar of Co-operative Societies for approval. 6. It is further projected that the decision as adopted by the Board of Directors in its meeting held on 27.11.2021 to transfer the share of the mother of the petitioner in his favour, was revisited in the Annual General Meeting of the Co-operative Society held for the year 2022-2023 on 30.05.2022, wherein, the decision as arrived at in the matter by the Board of Directors in favour of the petitioner was rejected, on the ground that the application of the deceased Member, Kamala Devi dated 28.10.2021 was found defective and to be not properly addressed in the name of the Society. Accordingly, in the said Annual General Meeting, a resolution was adopted for transfer of the share involved, in favour of the youngest son of the Member, i.e., the respondent No. 9, herein, who was initially nominated by the deceased Member. 7. Being aggrieved by the decision as arrived at in the Annual General Meeting of the Co-operative Society for the year 2022-2023, held on 30.05.2022, the petitioner herein had approached this Court by way of instituting a writ petition, being WP(C) No. 4603/2022. 8. This Court vide order dated 18.07.2022 was pleased, without entering into the merits of the dispute, to dispose of the writ petition by giving liberty to the petitioner, herein, to file an appropriate representation before the Registrar of Co-operative Societies. The said representation was directed to be expeditiously disposed of within the time frame prescribed in the said order. The petitioner accordingly in terms of the liberty granted by this Court approached the Registrar of Co-operative Societies, Assam vide a representation dated 30.07.2022, praying for interference with the decision as arrived at in the Annual General Meeting of the Co-operative Societies held on 30.05.2022 and for restoration of the decision of the Managing Body of the Co-operative Societies, so arrived at, in its meetings held on 27.11.2021 and 23.05.2022. 9. The application submitted by the petitioner was considered by the Zonal Joint Registrar of Co-operative Societies, Tezpur and vide order dated 28.10.2022, the resolution as adopted in the Annual General Meeting of the Society held on 30.05.2022 to transfer the Page No.# 5/10 share of Late Kamala Devi to the respondent No. 9, herein, came to be disapproved. Vide the order dated 28.10.2022, the Board of Directors of the Society was directed to resolve the matter by holding a Special General Meeting of the Society. 10. Accordingly, a Special General Meeting of the Co-operative Societies was convened on 30.11.2022 and the issue with regard to transfer of the share held by Late Kamala Devi was discussed in details in the said meeting. Upon discussing the matter in the meeting, the Members resolved to uphold the decision as taken, in the matter in the Annual General Meeting of the society held on 30.05.2022 and accordingly, the respondent No. 9 was held to be entitled to inherit the share of Late Kamala Devi, i.e., his mother. The said resolution was thereafter forwarded to the District Deputy Registrar of Co-operative Societies for concurrence and the said authority vide communication dated 27.12.2022 granted its concurrence to the said resolution adopted in the Special General Meeting of the society held on 30.11.2022. 11. Ms. J Bezbaruah, learned counsel for the petitioner, after reiterating the facts noticed, hereinabove, submitted that the mother of the petitioner Late Kamala Devi, who was share holder of the Co-operative Societies having submitted an application on 28.10.2021 requesting the authorities of the society, to consider nomination of her 2nd son, i.e., the petitioner, herein, as her nominee and the same having modified the earlier nomination made by Late Kamala Devi, it is the subsequent nomination that would hold the field and the share held by Late Kamala Devi was required to be transferred in the name of the petitioner herein. She submits that the Board of Directors of the Co-operative Societies in its meeting held on 23.05.2022 had unanimously resolved to transfer the share held by Late Kamala Devi in the name of the petitioner herein and the matter ought to have been rested there. She submits that the matter was thereafter taken before the Annual General Meeting of the Co-operative Societies held on 30.05.2022 and the decision of the Board of Directors as arrived at on 23.05.2022 was reversed on the ground that the application dated 28.10.2021 submitted by Late Kamala Devi was defective. 12. Ms. J Bezbaruah, learned counsel for the petitioner has further highlighted that the defect is in the address of the Co-operative Society, which in the said letter has been Page No.# 6/10 addressed as “Binapani Samabai Samity” in lieu of “Binapani Co-operative Stores Limited”. She submits that the said defect in the name of the Co-operative Society as incorporated in the communication dated 28.10.2021 is not of significance, inasmuch as, the said application was entertained and considered by the Board of Directors of the society in its meeting held on 23.05.2022 and a resolution adopted thereon. She submits that the said action on the part of the Board of Directors would go to reveal that the inconsistency, if any, existing in the said application dated 28.10.2021 stood condoned. However, she submits that the subsequent decision arrived at in the Annual General Meeting of the Co-operative Societies held on 30.05.2022 to be of no consequence, inasmuch as, the same reverses the earlier decision of the Board of Directors only on the ground of inconsistency existing in the application submitted by the mother of the petitioner nominating him as her nominee. 13. Ms. J Bezbaruah, learned counsel for the petitioner further submits that in pursuance to the direction passed by this Court vide order dated 18.07.2022 in WP(C) No. 4603/2022, the petitioner had approached the competent authority of the Co-operative Society praying for transfer of the share held by his mother in his name. It is submitted that the decision as arrived at in the Annual General Meeting of the Co-operative Society in its meeting held on 30.05.2022 was reversed by the Zonal Joint Registrar of Co-operative Societies and thereafter, the matter was directed to be placed in the Special General Meeting specifically convened for the purposes invoking the provisions of Section 33 of the Co-operative Societies Act, 2007. 14. Ms. J Bezbaruah, learned counsel for the petitioner, further submits that the Special General Meeting of the Co-operative Society had only reiterated the conclusions drawn earlier in the Annual General Meeting of the Co-operative Society held on 30.05.2022. She submits that the discussion as held in the Special General Meeting convened on 30.11.2022 would go to reveal that the claim of the petitioner was negated amongst others on the ground of submission of a defective application, which she submits is perverse, rendering the decision arrived at in the Special General Meeting of the Co-operative Society held on 30.11.2022 to be vitiated. 15. Ms. J Bezbaruah, learned counsel for the petitioner, by referring to the decision passed by this Court vide order dated 18.07.2022 in WP(C) No. 4603/2022 has submitted that Page No.# 7/10 the consideration as required to be made with regard to the claim made by the petitioner, has not been made and accordingly, she prays that the decision, as arrived at in the matter, in the Annual General Meeting held on 30.05.2022 along with the decision as arrived at in the Special General Meeting of the society held on 30.11.2022 would mandate an interference from this Court, with a further direction to the Board of Directors of the Co-operative Societies for accepting the nomination, so made in favour of the petitioner by his mother, Late Kamala Devi. 16. Per contra, Mr. G Bordoloi, learned Standing counsel, Co-operation Department submits that the decision as arrived at in the matter in the Special General Meeting, being one of the highest body of the Co-operation Department and the same being unanimous one, the said decision has to be given precedence. 17. Mr. Bordoloi, learned Standing counsel, Co-operation Department, further submits that perusal of the minutes of the said Special General Meeting held on 30.11.2022 would go to reveal that the other two brothers of the petitioner had also supported the claim made by the respondent No. 9, herein. 18. Mr. Bordoloi, learned Standing counsel, Co-operation Department also submits that the power of the Registrar of Co-operative Society to grant approval to the resolution adopted by the Co-operative Societies being delegated, the approval as granted to the resolution adopted in the Special General Meeting held on 30.11.2022 by the District Deputy Registrar of Co-operative Societies, cannot be said to be erroneous. 19. Mr. Chetia, learned counsel for the respondent No. 9 has adopted the arguments advanced in the matter by Mr. G Bordoloi, learned Standing counsel, Co-operation Department. 20. I have heard the learned counsel for the parties and also perused the materials brought on record. 21. The dispute in the present proceeding arises from a communication made by Late Kamala Devi, i.e., the mother of the petitioner and the respondent No. 9, herein. By the said Page No.# 8/10 communication dated 28.10.2021, the mother of the petitioner, Late Kamala Devi had informed the authorities of the society of changing the nomination made by her earlier in favour of the respondent No. 9, herein, by nominating her 2nd son, i.e., the petitioner, herein, as her heir. The said communication dated 28.10.2021 was addressed to the “President/Secretary, Binapani Co-operative Samabai Samity”. The name of the society, wherein Late Kamala Devi was a Member is “Binapani Co-operative Stores limited”. Accordingly, the said application dated 28.10.2021 issued by Late Kamala Devi was not so issued to the Co-operative Society, wherein she actually had held a share. However, the said application submitted by Late Kamala Devi in pursuance to her death which had occasioned on 19.02.2022, basing on an application made by the petitioner, herein, was considered by the Board of Directors of the society in its meeting held on 23.05.2022. In the said meeting, the Board of Directors unanimously resolved to accept the application made by the mother of the petitioner on 28.10.2021 and to transfer the share in the name of the petitioner, herein. 22. The said decision as arrived at by the Board of Directors was again considered by the members of the Co-operative Society in the Annual General Meeting of the society for the year 2022-2023, held on 30.05.2022 and therein, by noticing that the said decision of the Board of Directors of the society was so taken basing on a defective application submitted by Late Kamala Devi, the said decision was reversed and in the said meeting, Members resolved to consider the case of the respondent No. 9, who was initially nominated as the heir of the share of Late Kamala Devi and directed the Board of Directors to take necessary steps in this connection. The said decision as arrived at in the Annual General Meeting of the society was challenged by the petitioner before this Court by way of instituting a writ petition being WP(C) No. 4603/2022. 23. This Court vide order dated 18.07.2022, without interfering with the decision as arrived at in the Annual General Meeting of the society, proceeded to dispose of the representation, giving liberty to the petitioner to file appropriate representation before the Registrar of Co-operative Societies, Assam and the Registrar of Co-operative Societies, Assam was directed to dispose of the same. The said representation submitted in pursuance to the direction passed by this Court vide order dated 18.07.2022 was considered by the Zonal Joint Page No.# 9/10 Registrar of Co-operative Societies, Tezpur Zone, Tezpur and vide order dated 28.10.2022, the resolution as taken in the Annual General Meeting of the society held on 30.05.2022 was disapproved holding that the same was not properly taken. 24. Upon disapproving the said resolution vide order dated 28.10.2022, the authority concerned directed the Board of Directors of the society to resolve the issue of transfer of share by holding a Special General Meeting, following all provisions of the said Act of 2007 and the Bye-Laws of the Society. Accordingly, the issue pertaining to the claim of the petitioner for being transferred the share of Late Kamala Devi to his name was taken up for consideration in the Special General Meeting convened on 30.11.2022. A perusal of the minutes of the said Special General Meeting of the Society dated 30.11.2022 would go to reveal that the clarifications given by the two other sons of Late Kamala Devi, other than the petitioner and the respondent No. 9, were also taken into consideration. 25. It is seen from the minutes that the Members present in the said Special General Meeting held on 30.11.2022 had unanimously urged that the name of the respondent No. 9 be upheld as the nominee of Late Kamala Devi. Further, in the said meeting, it had come on record that Late Kamala Devi had nominated the respondent No. 9 as her heir about 32 years ago. In the said backdrop of the factual position emanating in the matter and also basing on the statements made in favour of the respondent No. 9, by two other sons of Late Kamala Devi, which was considered in the Special General Meeting held on 30.11.2022, the House resolved to uphold the decision arrived at in the matter in the Annual General Meeting held on 30.05.2022. The resolution as adopted in the Special General Meeting convened on 30.11.2022 was approved by the District Deputy Registrar of Co-operative Societies vide his communication dated 27.12.2022. 26. On a perusal of the factual position emanating in the matter, this Court is of the considered view that the application dated 28.10.2021 as submitted by Kamala Devi during her lifetime for change of the nomination of her heir as made earlier, although taken up for consideration, after her death, by the Board of Directors in its meeting held on 23.05.2022, the same being defective ought not to have been taken into consideration. As noticed hereinabove, the said application was addressed to the authorities of “Binapani Samabai Page No.# 10/10 Samity” and not “Binapani Co-operative Stores Limited”, which is the actual name of the Co- operative Society, wherein Late Kamala had held a share. It is only on the basis of the said application that the petitioner has raised his claim for being considered as the heir of the share held by Late Kamala Devi in the society in question. 27. The application actually being defective, the same would not have mandated any consideration by the authorities of the Co-operative Society and accordingly, the decisions as arrived at in the matter by the Co-operative Society initially in its Annual General Meeting held on 30.05.2022 and subsequently, in the Special General Meeting held on 30.11.2022 in the considered view of this Court would not mandate any interference. 28. The other two sons of late Kamala Devi, namely, Naba Kumar Baruah and Kushal Baruah having also supported the claim of the respondent No. 9, herein for being transferred the share held earlier by their mother Late Kamala Devi, this Court is of the considered view that basing on a defective application dated 28.10.2021 purportedly made by Late Kamala Devi, no right had accrued to the petitioner herein for being transferred with the share held earlier by his mother in the Co-operative Society in question. 29. Accordingly, in view of the conclusions made hereinabove, this Court is of the considered view that the claim made by the petitioner in the present proceeding would not mandate an acceptance and accordingly, the same stands rejected. 30. In view of the above, the present writ petition held to be devoid of any merit and accordingly, the same stands dismissed. However, there would be no order as to costs. JUDGE Comparing Assistant