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2025 DAILYLAW 28119 (GAU)

BILLAL AHMED BORBHUIYA AND 8 ORS v. THE STATE OF ASSAM AND 5 ORS

WP(C)/2417/2022 · 2025-11-05

Rajesh Mazumdar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010065952022 2025:GAU-AS:14947 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2417/2022 BILLAL AHMED BORBHUIYA AND 8 ORS S/O- LATE ABDUL ROUF BARBHUIYA 2: HURMATH ALI S/O- LATE ABDUL GOFUR 3: MD. ABDUL RAHIM S/O- SADIQ ALI 4: AMATUR RAHMAN S/O- LATE ROIS UDDIN 5: ARCHANA ROY W/O - SATYENDRA ROY 6: SABNAM BEGUM W/O YOUSUF ALI 7: HARIPADA SINGHA S/O LATE H.SINGHA 8: SABITA ROY W/O- SUSHIL CH. ROY 9: GANESH BARMAN S/O LATE NAGENDRA BARMAN ALL BEING DIRECTORS OF BIKRAMPUR COOPERATIVE SOCIETY BEHARA BAZAR P.S- KATIGORAH DIST- CACHAR ASSAM Page No.# 2/4 ALL UNDER C/O- OFFICE OF THE BIKRAMPUR COOPERATIVE SOCIETY LIMITED CACHAR ALL THE ABOVE PERSONS HAVE COMMON CAUSE OF ACTION AND COMMON INTERES VERSUS THE STATE OF ASSAM AND 5 ORS REP. BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM, COOPERATION DEPTT., DISPUR, GUWAHATI-06. 2:THE REGISTRAR OF COOPERATIVE SOCIETIES ASSAM KHANAPARA DISPUR GUWAHATI-22. 3:THE ZONAL JOINT REGISTRAR OF COOPERATIVE SOCIETIES SILCHAR CACHAR DISTRICT ASSAM 4:THE ASSTT. REGISTRAR OF COOPERATIVE SOCIETIES SILCHAR CACHAR DISTRICT ASSAM 5:ZAKIR HUSSAIN SR. INSPECTOR/AUDITOR OFFICE OF THE ASSTT. REGISTRAR OF COOPERATIVE SOCIETIES SILCHAR (ONE MAN COMMITTEE OF BIKRAMPUR COOPERATIVE SOCIETIES LIMITED) 6:DHANANJOY DAS JUNIOR ASSTT. OFFICE OF THE ZONAL JOINT REGISTRAR OF COOPERATIVE SOCIETIES SILCHAR CACHAR ASSA Advocate for the Petitioner : MR B SINHA, Advocate for the Respondent : SC, CO OP, Page No.# 3/4 BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 06.11.2025 Heard Mr B Sinha, learned counsel appearing for the petitioner. Also heard Mr S K Talukdar, learned Standing Counsel, Cooperative Societies, appearing for the respondents. 2. The writ petition has been instituted challenging an order dated 25.03.2022, passed by the Zonal Joint Registrar of Cooperative Societies, Silchar and further, praying for a writ in the nature of mandamus to allow the petitioners to manage the affairs of the Bikrampur Cooperative Society Limited, Behara Bazar, on being elected as Chairman and Board of Directors of the said Society. 3. By interim order dated 01.04.2022, this Court had required the parties to maintain status quo with regard to the order dated 25.03.2022, relating to the appointment of a One-Man-Committee. 4. It is the case of the writ petitioners in the writ petition that they were elected to the Board of Directors through an election held on 10.06.2018. When the Zonal Joint Registrar of Cooperative Societies tried to intervene in the functioning of the Board of Directors, by appointing a One-Man-Committee, the petitioners have approached this Court. 5. Today, when the matter is taken up, Mr S K Talukdar, learned Standing Counsel, Cooperative Societies, has made a submission that the period, of which the Board of Directors can hold office after election is 5 (five) years, and, therefore, the elected members in the year 2018, had already spent their tenure in the year 2023, and thus, nothing remains for adjudication in the present writ petition relating to the prayers made Page No.# 4/4 therein. 6. Mr B Sinha, learned counsel for the petitioners has submitted that there are arguments which can be made in the writ petition and which may require an adjudication, but he submits that it remains a fact that the Board of Directors had to demit office in the year 2023, in accordance with the provisions of the relevant Act. 7. In view of the fact that the Board of Directors have completed their tenure in the year 2023, and now, a fresh body is required to be elected in accordance with the Act and the Rules applicable, this Court does not find it prudent to keep this writ petition pending in its present form. Accordingly, this writ petition is closed and any interim orders passed earlier shall merge with this final order, since now the action of the Zonal Joint Registrar would have no further value, once the term of the Board of Directors has expired. 8. With the closure of this writ petition, the respondent authorities will now take appropriate steps to ensure that appropriate elections in the Cooperative Society is conducted to ensure proper functioning of the Cooperative Society. 9. Writ Petition stands disposed of. 10. No cost(s) JUDGE Comparing Assistant