Page No.# 1/6 GAHC010240772025 2025:GAU-AS:14823 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6197/2025 FOYZUL HOQUE MAZUMDER S/O- AJOB UDDIN MAZUMDER, VILL- RAJYESWARPUR PART VII, PO KATAGAON, PS LALA, HAILAKANDI, ASSAM 788168 VERSUS THE STATE OF ASSAM AND ORS REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, COOP DEPTT, DISPOUR, ASSAM 6 2:THE REGISTRAR OF COOPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI 22 3:THE ZONAL JOINT REGISTRAR COOPERATIVE SOCIETIES SILCHAR ZONE SILCHAR DISTRICT- CACHAR ASSAM PIN- 788001 4:THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES HAILAKANDI P.O AND DISTRICT- HAILAKANDI PIN- 788151 5:THE DISTRICT COMMISSIONER HAILAKANDI P.O AND DISTRICT- HAILAKANDI PIN- 788151. Page No.# 2/6 6:THE SR. INSPECTOR/AUDITOR OF CO-OPERATIVE SOCIETIES CUM OBSERVER P.O AND DISTRICT- HAILAKANDI PIN- 788151 7:THE RAJYESWARPUR SAMABAI SAMITY LIMITED REPRESENTED BY ITS SECRETARY VILLAGE AND P.O- NATUN BAZAR DISTRICT- HAILAKANDI ASSAM PIN- 788163 8:THE BLOCK ELEMENTARY EDUCATION OFFICER CUM BLOCK MISSION CO-ORDINATOR SSA MISSION LALA P.O- LALA DISTRICT- HAILAKANDI ASSAM PIN- 788163 9:JISHU KUMAR NATH-EX-SECRETARY RAJYESWARPUR S.S. LTD. S/O LATE PRONOY KUMAR NATN VILLAGE AND P.O- UMEDNAGAR P.S- LALA DISTRICT- HAILAKANDI ASSAM PIN- 788163 10:MD. MOTIBUR RAHMAN MAZUMDER S/O LATE ASMAN ALI MAZUMDER VILLAGE- RAJYESWARPUR PART-VII P.O- KATAGAON P.S- LALA DISTRICT- HAILAKANDI ASSAM PIN- 788168 11:MINA BEGUM LASKAR W/O MALIK USTAR LASKAR VILLAGE- RAJYESWARPUR PART-VII P.O- KATAGAON P.S- LALA Page No.# 3/6 DISTRICT- HAILAKANDI ASSAM PIN- 788168 12:ASAB UDDIN LASKAR S/O LATE TOSIR LASKAR VILLAGE- RAJYESWARPUR PART-VII P.O- KATAGAON P.S- LALA DISTRICT- HAILAKANDI ASSAM PIN- 788168 13:RANJIT ROY S/O RABINDRA ROY VILLAGE- RAJYESWARPUR PART-V P.O- MERIRGOOL P.S- LALA DISTRICT- HAILAKANDI ASSAM PIN- 788168 14:SULTANA BEGUM LASKAR W/O LATE MOSTAFA AHMED LASKAR VILLAGE- RAJYESWARPUR PART-VII P.O- KATAGAON P.S- LALA DISTRICT- HAILAKANDI ASSAM PIN- 788168 15:ABDUL HALIM MAZUMDER S/O ILIAS ALI VILLAGE- RAJYESWARPUR PART-VI P.O- KATAGAON P.S- LALA DISTRICT- HAILAKANDI ASSAM PIN- 788168 16:UBAUDULLA BARBHUIYA S/O LATE MONFOR ALI BARBHUIYA VILLAGE- RAJYESWARPUR PART-VII P.O- KATAGAON P.S- LALA DISTRICT- HAILAKANDI ASSAM PIN- 788168 Page No.# 4/6 17:ALI AHMED LASKAR S/O MOIFOR ALI LASKAR VILLAGE- RAJYESWARPUR PART-VII P.O- KATAGAON P.S- LALA DISTRICT- HAILAKANDI ASSAM PIN- 788168 18:RUBI YEASMIN CHOUDHURY D/O JOLAL UDDIN CHOUDHURY VILLAGE- RAJYESWARPUR PART-VII P.O- KATAGAON P.S- LALA DISTRICT- HAILAKANDI ASSAM PIN- 788168 19:ANAM UDDIN LASKAR S/O SUNU MIA LASKAR VILLAGE- RAJYESWARPUR PART-VI P.O- KATAGAON P.S- LALA DISTRICT- HAILAKANDI ASSAM PIN- 788168 20:ABDUL MALIK MAZUMDER S/O LATE ABDUL JALIL MAZUMDER VILLAGE- RAJYESWARPUR PART-VII P.O- KATAGAON P.S- LALA DISTRICT- HAILAKANDI ASSAM PIN- 788168 21:FUZAIL AHMED MAZUMDER S/O LATE ABDUL KALAM MAZUMDER VILLAGE- RAJYESWARPUR PART-VII P.O- KATAGAON P.S- LALA DISTRICT- HAILAKANDI ASSAM PIN- 788168 22:JORINA BEGUM HAZARI W/O FORIZ UDDIN HAZARI Page No.# 5/6 VILLAGE- RAJYESWARPUR PART-VII P.O- KATAGAON P.S- LALA DISTRICT- HAILAKANDI ASSAM PIN- 788168 23:ATIKUZZAMAN LASKAR S/O LATE BOSIR UDDIN LASKAR VILLAGE- SUDARSHANPUR PART-II P.O- JAFFIRBOND P.S- LALA DISTRICT- HAILAKANDI ASSAM PIN- 78816 Advocate for the Petitioner : MR. N H BARBHUIYA, MR. S BANIK,MR H I CHOUDHURY,H YEASMIN Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU,SC, CO OP BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 03.11.2025 1. Heard Mr. S. Banik, learned counsel for the petitioner. Also heard Mr. S. K. Talukdar, learned Standing Counsel for the Cooperation Department representing the respondent Nos. 1, 2, 3 and 4, Mr. S. S. Roy, learned State counsel representing the respondent No. 5 and Ms. B. Deka, learned counsel for the respondent No. 8. 2. The petitioner was the Chairman of Board of Directors of Rajyeswarpur Samabai Samity Limited, Hailakandi, which stood dissolved by operation of Section 39 of the Assam Co-operative Societies Act, 2007 (hereinafter referred to as Act, 2007) and consequently, the Zonal Joint Registrar of Co- operative Societies, by its order dated 15.10.2025 has appointed one officer Page No.# 6/6 for management of the Society in terms of Section 41(6) of the Act, 2007. 3. The present writ petition is filed challenging the aforesaid order dated 15.10.2025 and to restore the Board of Directors. 4. Prima facie, this Court is of the opinion that when the Annual General Meeting was not held within the prescribed period, the Board, by operation of Section 39 of the Act, 2007 gets dissolved and the Registrar or the Officer authorized by him, is duty bound under Section 41(6) of the Act, 2007, to appoint an officer to manage the society for a specific period of 90 days within which period election is to be held, which has already been done in the present case. 5. Therefore, this Court is of the view that what has happened cannot undone, though it is the contention of the petitioner that such meeting could not be held for fault of the authorities not for the fault of the Society. This Court cannot issue a writ of mandamus to restore the Board, which is dissolved by operation of law and cannot also, interfere with the duly issued order in terms of Section 41(6) of the Act, 2007. 6. Accordingly, this writ petition stands dismissed. JUDGE Comparing Assistant