Page No.# 1/5 GAHC010023782025 2026:GAU-AS:8902 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/682/2025 HAFSANA BEGUM LASKAR W/O SALIM UDDIN LASKAR, VILL. MAHAMMEDPUR Pt.IV, P.S. LALA, DIST. HAILAKANDI, ASSAM. 2: MOSLEM ALI BORBHUIYA S/O- LT. MUDARISH ALI BORBHUIYA VILL. SARBANANDAPUR P.S.- LALA DIST.- HAILAKANDI ASSAM- 788163. 3: AZIRUDDIN BORBHUIYA S/O- LT. ABDULBARI BORBHUIYA VILL- ABDULLAPUR PT.-II P.S.- LALA DIST.- HAILAKANDI ASSAM. 4: FAKRUL HAQUE BORBHUIYA S/O- LT. BASIR UDDIN BORBHUIYA VILL. MAHMMEDPUR PT.-II P.S.- LALA DIST.- HAILAKANDI ASSAM. 5: PULIN CH. ROY S/O- LT. SUHAGAMOND ROY Page No.# 2/5 VILL.- RONGPUR PT. VI P.S.- LALA DIST.- HAILAKANDI ASSAM. 6: NASIRUDDIN BORBHUIYA S/O- ABDUL SULTAN BORBHUIYA VILL. ABDULAPUR PT-II P.S.- LALA DIST.- HAILAKANDI ASSAM. 7: DILIP NATH S/O- LT. SUDHIR CH. NATH VILL.- SARBANANDAPUR P.S.- LALA DIST.- HAILAKANDI ASSAM. 8: AFTAB UDDIN LASKAR S/O- LT. ALI LASKAR VILL. MAHAMMEDPUR PT.- I P.S.- LALA DIST.- HAILAKANDI ASSAM. 9: IKBAL HUSSAIN LASKAR S/O- LT. MOINAMIA LASKAR VILL.- MAHAMMEDPUR PT. II P.S.- LALA DIST.- HAILAKANDI ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS. (REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, COOPERATION DEPARTMENT, DISPUR, GUWAHATI-6). Page No.# 3/5 2:THE REGISTRAR OF COOP. SOCIETIES ASSAM KHANAPARA GUWAHATI-22. 3:THE ZONAL JOINT REGISTRAR OF COOP. SOCIETIES SILCHAR ASSAM. 4:THE ASSTT. REGISTRAR OF COOP. SOCIETIES HAILAKANDI DIST.- HAILAKANDI ASSAM. 5:ASHOKE KR. SHEEL S/O- LT. GIRISH CH. SHEEL VILL. SARBANANDAPUR P.S.- LALA DIST.- HAILAKANDI ASSAM Advocate for the Petitioner : MR B SINHA, MR. H ISLAM Advocate for the Respondent : SC, CO OP, FOR CAVEATOR,MS J AKTAR,MR A K DAS,MR. M KHAN BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 19.06.2026 Heard Mr. B. Sinha, learned counsel for the petitioners; Mr. S.K. Talukdar, learned Standing Counsel, Cooperation Department for the respondent nos. 1, 2, 3 & 4; and M. Khan, learned counsel for the respondent no. 5. 2. The petitioners, 9 [nine] in nos., have preferred the present writ petition stating that they are elected Directors in the Board of Directors of M/s Mohammedpur Nizvernerpur Page No.# 4/5 Samabai Samity Ltd. [‘M/s Mohammedpur Society’, for short], a co-operative society registered under the provisions of the Assam Cooperative Societies Act, 2007 [‘the Act, 2007’, for short] as amended. 3. The respondent no. 1 was appointed as a Secretary of M/s Mohammedpur Society. 4. The bone of contention which is raised by the petitioners is that the respondent no. 5 had tendered his resignation from the post of Secretary of M/s Mohammedpur Society on 17.12.2024. Mr. Khan, learned counsel for the respondent no. 5 has opposed such contention. 5. Pursuant to two Resolutions adopted by the Board of Directors of M/s Mohammedpur Society in its Meeting held on 25.12.2024, the respondent no. 5 preferred an appeal on 16.01.2025 before the respondent no. 2 under Section 111 [1] of the Act, 2007. On such appeal being preferred, the respondent no. 3 purportedly in exercise of powers delegated to him, had taken the appeal on board for disposal and had passed an interim Order on 17.01.2025. By the interim Order, the respondent no. 3 had stayed an Order dated 03.01.2025 of the respondent no. 4 whereby the respondent no. 4 had allowed one Sri Ikbal Hussain Laskar to function as the Secretary of M/s Mohammedpur Society on the basis of a Resolution adopted by the Board of Directors in its Meeting held on 25.12.2024. . 6. It has been settled that the Registrar of Cooperative Societies, Assam under Section 111 of the Act, 2007 can exercise the appellate power. As the impugned interim Order assailed by the petitioners passed in the appeal preferred by the respondent no. 5 is only an interim order and the appeal is yet to be disposed of, this writ petition is disposed of, with a direction to the Appellate Authority, who is in seisin of the appeal to take the appeal on board to proceed further and to dispose the appeal in an expeditious manner, within an outer limit of 6 [six] weeks from today, by following due procedure of law and in observance of the principles of natural justice. As this Court has not made any observation on the merits of the case of the contesting parties in any manner, all the contentions of the parties are left open to be agitated before the Appellate Authority. 7. The writ petition is disposed of in the aforesaid terms. No cost. Page No.# 5/5 JUDGE Comparing Assistant