Page No.# 1/6 GAHC010246232023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6467/2023 PRADYUT HAZARIKA S/O- TILA NATH HAZARIKA, R/O- NO. 9 DAGAON, P.O.- PANIBHARAL, PIN- 784176, DIST.- BISWANATH, ASSAM. FORMER PRESIDENT OF THE BISWANATH DAGAON KRISHIPAM SAMABAI SAMITY LTD. HAVING ITS REGISTERED OFFICE AT DAGAON, P.O.- PANIBHARAL, PIN- 784176, DIST.- BISWANATH, ASSAM. VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, DISPUR, GUWAHATI- 781006. 2:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI- 781022 ASSAM. 3:THE ZONAL JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES TEZPUR ZONE TEZPUR PIN- 784001 ASSAM. 4:THE DEPUTY COMMISSIONER BISWANATH Page No.# 2/6 DIST.- BISWANATH ASSAM PIN- 784176. 5:THE DISTRICT DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES SONITPUR TEZPUR PIN- 784001 ASSAM. 6:THE ASSTT. REGISTRAR OF CO-OPERATIVE SOCIETIES BISWANATH CHARIALI BISWANATH PIN- 784176 ASSAM. 7:THE SR. INSPECTOR/ AUDITOR OF CO-OPERATIVE SOCIETIES OFFICE OF THE ASSTT. REGISTRAR OF CO-OPERATIVE SOCIETIES BISWANATH CHARIALI BISWANATH PIN- 784176 ASSAM. 8:SRI TILESWAR SAIKIA S/O LT. JAYANTA SAIKIA VILL.- BISWANATH DOGAON P.O.- PANIBHARAL DIST.- BISWANATH ASSAM PIN-784176. 9:SRI DOLAN BORA S/O LT. SOBIPAL BORA VILL.- BISWANATH DOGAON P.O.- PANIBHARAL DIST.- BISWANATH ASSAM PIN-784176. 10:SRI BIREN BORAH Page No.# 3/6 S/O LT. BENUDHAR BORA VILL.- BISWANATH DOGAON P.O.- PANIBHARAL DIST.- BISWANATH ASSAM PIN-784176. 11:SRI KAMAL HAZARIKA S/O-LT.- THANURAM HAZARIKA VILL.- BISWANATH DOGAON P.O.- PANIBHARAL DIST.- BISWANATH ASSAM PIN-784176. 12:SRI DEBOJIT SAIKIA S/O LT. PODUSH SAIKIA VILL.- BISWANATH DOGAON P.O.- PANIBHARAL DIST.- BISWANATH ASSAM PIN-784176 Advocate for the Petitioner : MR. P BORDOLOI, MS M NIROLA Advocate for the Respondent : SC, CO OP, MR. M HOSSAIN (R-8,9,10,11,12),GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 05.09.2025 Heard Shri P. Bordoloi, learned counsel for the petitioner. Also heard Shri B. J. Talukdar, learned Addl. Senior Government Advocate; Ms. M. D. Borah, learned Standing Counsel, Cooperation Department as well as Shri M. Hossain, learned counsel for the respondent nos. 8 to 12. 2. Considering the subject matter involved in this petition which is pending Page No.# 4/6 since the year 2023 and also as agreed to by the learned counsel for the parties, this writ petition is taken up for disposal at the admission stage. 3. The petitioner was selected as the President of the Biswanath Dagaon Krishipam Samabai Samity Ltd. in its 40th Annual General Meeting (AGM) held on 27.09.2022. The said Cooperative Society was registered in the year 1979. The petitioner has contended that the 41st AGM of the Society was scheduled to be held on 23.09.2023. However, certain members who had defaulted as well as their family members had created some unruly situation for which the meeting had to be postponed and was accordingly held on 30.09.2023. The petitioner has asserted that the quorum was fulfilled and the meeting was held in accordance with law, the records of which was also forwarded to the respondent authorities for approval. However, vide the impugned order dated 10.10.2023, the Board of Directors was dissolved on the ground that the AGM for the year 2022-23 was not held within the stipulated time. 4. Shri Bordoloi, the learned counsel for the petitioner has submitted that the meeting was scheduled to be held within the stipulated time on 23.09.2023 which however had to be postponed to 30.09.2023 on which date, the meeting was duly held and the proceeding was forwarded to the respondent no. 6 for approval. He has submitted that there was no occasion for invoking the powers under Section 41 (6) of the Assam Cooperative Society Act, 2007. He has also emphasized that the appointment of a One Man Committee is only a stop- gap arrangement and continuation of such a Committee for a long time is against the scheme of the Act. 5. Ms. Borah, the learned Standing Counsel for the Department has submitted that the impugned order dated 10.10.2023 was issued by strictly following the Page No.# 5/6 mandate of law more particularly, Section 41 (6) of the Act. It is submitted that the AGM could not be held within the stipulated period which had required passing of the order dated 10.10.2023. She has also drawn the attention of this Court to Section 40 of the Act on the aspect of eligibility and has submitted that the earlier Directors would be rendered ineligible under the aforesaid provision of law. She has also submitted that it is because of the interim order passed by this Court that no fresh AGM has been held. 6. Shri M. Hossain, the learned counsel for the respondent nos. 8 to 12 has submitted that his clients are the shareholders of the Society which is an agricultural society and because of the present impasse, the public interest is being adversely affected. 7. After considering the facts and circumstances, this Court is of the view that the provisions for appointment of a One Man Committee under Section 41(6) is only a stop-gap arrangement so as to facilitate holding of a meeting for constitution of the Board within a stipulated time. It however appears that while issuing notice in this case on 17.11.2023, an interim order was passed and on the strength of the said interim order, the One Man Committee is functioning. 8. The Scheme of the Act of 2007 is to have a self governance and appointment of a One Man Committee as mentioned above is only a stop-gap arrangement on happening of a particular eventuality. 9. In the instant case, the petitioners have projected that there was no default as such in holding the AGM within time and the postponement from 23.09.2023 to 30.09.2023 had to be done because of circumstances beyond the control. It is also asserted that on 30.09.2023, the meeting was held in accordance with law and by fulfilling the quorum required. The said aspect however is disputed Page No.# 6/6 by the learned counsel on behalf of the Department. 10. Without going into the said aspect of the matter and taking into account that sufficient time has elapsed since the institution of the case and the Committee itself was constituted in September 2022, this Court is of the opinion that the interest of justice, would be served and the equalities can be balanced if a direction is given to hold a fresh AGM in accordance with law. At this stage, this Court has also considered the provisions of Section 40 on the aspect of eligibility. 11. After taking into consideration the facts and circumstances, it is provided that the bar under Section 40 (4) shall not come into the way for the erstwhile Directors to contest in the election, if so interested. The AGM and the elections be held within a period of 3 (three) months from today. The observations of this Court on the eligibility aspect under Section 40 (4) of the Act shall not act be a precedent and has been passed only in the facts and circumstances of the present case. 12. Writ petition stands disposed of. JUDGE Comparing Assistant