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2025 DAILYLAW 7536 (GAU)

ASHOKE KUMAR SHEEL v. THE STATE OF ASSAM and ORS

WA/55/2025 · 2025-03-23

N Unni Krishnan Nair

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Judgment text

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Page No.# 1/4 GAHC010030322025 2025:GAU-AS:3244-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/55/2025 ASHOKE KUMAR SHEEL S/O- LT. GIRISH CH. SHEEL, VILL. SARBANANDAPUR, P.S.- LALA, DIST.- HAILAKANDI, ASSAM. VERSUS THE STATE OF ASSAM and ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, COOPERATION DEPARTMENT, GUWAHATI, ASSAM 2:THE REGISTRAR OF COOP SOCIETIES ASSAM KHANAPARA GUWAHATI 3:THE ZONAL JOINT REGISTRAR OF COOP SOCIETIES SILCHAR ZONE ASSAM 4:THE ASSISTANT REGISTRAR OF COOP SOCIETIES HAILAKANDI ASSAM 788151 5:HAFSANA BEGUM LASKAR W/O SALIM UDDIN LASKAR VILL. MAHAMMEDPUR Pt.IV P.S. LALA DIST. HAILAKANDI ASSAM. 788163 6:MOSLEM ALI BORBHUIYA S/O- LT. MUDARISH ALI BORBHUIYA VILL. SARBANANDAPUR P.S.- LALA DIST.- HAILAKANDI ASSAM- 788163. 7:AZIRUDDIN BORBHUIYA S/O- LT. ABDULBARI BORBHUIYA VILL- ABDULLAPUR PT.-II Page No.# 2/4 P.S.- LALA DIST.- HAILAKANDI ASSAM.788163 8:FAKRUL HAWUE BORBHUIYA S/O- LT. BASIR UDDIN BORBHUIYA VILL. MAHMMEDPUR PT.-II P.S.- LALA DIST.- HAILAKANDI ASSAM.788163 9:SRI PULIN CH ROY S/O- LT. SUHAGAMOND ROY VILL.- RONGPUR PT. VI P.S.- LALA DIST.- HAILAKANDI ASSAM.788163 10:NASIRUDDIN BORBHUIYA S/O- ABDUL SULTAN BORBHUIYA VILL. ABDULAPUR PT-II P.S.- LALA DIST.- HAILAKANDI ASSAM. 788163 11:SRI DILIP NATH S/O- LT. SUDHIR CH. NATH VILL.- SARBANANDAPUR P.S.- LALA DIST.- HAILAKANDI ASSAM. 12:AFTAB UDDIN LASKAR S/O- LT. ALI LASKAR VILL. MAHAMMEDPUR PT.- I P.S.- LALA DIST.- HAILAKANDI ASSAM. 788163 13:IKBAL HUSSAIN LASKAR S/O- LT. MOINAMIA LASKAR VILL.- MAHAMMEDPUR PT. II P.S.- LALA DIST.- HAILAKANDI ASSAM. 78816 Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS,MR A BURAGOHAIN,MR B D DAS Advocate for the Respondent : SC, CO OP, MR. H ISLAM(R-5 TO 13),MR B SINHA (R-5 TO 13) Page No.# 3/4 BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 24.03.2025 (Vijay Bishnoi, CJ) The instant writ appeal has been preferred by the appellant, herein, being aggrieved with the order, dated 10.02.2025, passed by the learned Single Judge in WP(c)682/2025, whereby, the learned Single Judge, while issuing notice to the respondents involved in the matter, has stayed the effect and operation of the order, dated 17.01.2025. Vide order, dated 17.01.2025, the Zonal Joint Registrar of Cooperative Societies, Cachar, Sribhumi & Hailakandi, Silchar Zone, Silchar, while exercising the power conferred under Section 111 of the Assam Cooperative Societies Act, 2007, has stayed the 2(two) resolutions passed by the Mahammedpur Nizvernerpur S.S. Ltd., dated 25.12.2024, whereby the Board of Directors(BoDs) of the said Society has decided to take a decision immediately for appointment of the Secretary of the said Society and has also decided to appoint the Chairman of the Board of Directors(BoDs) of the said Society to discharge the functions of the Secretary of the Society concerned. The order, dated 17.01.2025, was passed by the Zonal Joint Registrar of Cooperative Societies, Cachar, Sribhumi & Hailakandi, Silchar Zone, Silchar, in an appeal preferred on behalf of the appellant. This Court vide order, dated 19.02.2025, has issued notices to the respondents involved in this writ appeal and has also stayed the impugned Page No.# 4/4 order, dated 10.02.2025, passed by the learned Single Judge in WP(c)682/2025, to the extent of staying the order, dated 17.01.2025, issued by the Zonal Joint Registrar of Cooperative Societies, Cachar, Sribhumi & Hailakandi, Silchar Zone, Silchar. Though the learned counsels appearing for the parties have argued the matter at length, but, they are in agreement that the instant writ appeal be disposed of while making the interim order passed by the Court in this appeal on 19.02.2025, absolute, till the disposal of WP(c)682/2025. In view of the above; this writ appeal is hereby disposed of while making the interim order, dated 19.02.2025, absolute, till the final adjudication of WP(c)682/2025. It is hereby ordered accordingly. Needless to say that the learned Single Judge is expected to decide the above-noted writ petition being WP(c)682/2025, without being influenced by the order passed by this Court today in the instant writ appeal. However, it is hereby observed that either of the parties to the present proceeding, are at liberty to move an appropriate application before the learned Single Judge for early disposal of being WP(c)682/2025, if so advised. JUDGE CHIEF JUSTICE Comparing Assistant