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2017 DIGILAW 823 (GAU)

Gumrah Co-operative Society Limited Village Khelma v. State of Assam

2017-06-21

AJIT SINGH, MANOJIT BHUYAN

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JUDGMENT AND ORDER (Ajit Singh, J.) This intra court appeal is directed against the order dated 19.6.2015 passed by the learned Single Judge of this High Court whereby he has dismissed appellants’ WP(C) No.3394/2015. 2. The Registrar of Cooperative Societies, Assam, vide order dated 20.5.2015 cancelled the election of appellants’ Society. By the same order, the Registrar also cancelled the approval of election with a direction that fresh election be held in accordance with the provisions of Section 26(3) of the Assam Co-operative Societies Act, 2007. Aggrieved, the appellants filed WP(C) No.3394/2015 which the learned Single Judge has dismissed by the impugned order on the ground that the election stood vitiated due to non-compliance of the provisions of Section 26(3) of the Act. Section 26(3) of the Act reads as under:- “26. Rights and liabilities of members of registered societies and exercise of rights thereof:- (1) …… (2) …… (3) The Chief Executive of every cooperative society within twenty days of closure of the previous cooperative year, shall prepare a list of members with the right of vote, and a list of members without the right of vote, valid for the current financial year. The list shall be affixed on the notice board of the Head office of the cooperative society for information of all members and any member not satisfied with specific instances of inclusion or non-inclusion of members in the lists, may appeal to the Board within ten days from the date of the affixing of the lists on the notice board, for re-examination of the records, and the Board shall within forty days of closure of the previous cooperative year, review the lists, finalise it, and have it affixed on the notice board of the Head office or the cooperative society: Provided that a member who is an employee or member of Employees Union of such society shall not be entitled to vote- (i) at election of a member of the Board of such society; (ii) in any general meeting convened for framing the bye-laws of such society or any amendments thereto.” 3. The above quoted Section 26(3) of the Act mandates that the Chief Executive of every cooperative society within twenty days of closure of the previous cooperative year, shall prepare a list of members with the right of vote, and a list of members without the right of vote, valid for the current financial year. The above quoted Section 26(3) of the Act mandates that the Chief Executive of every cooperative society within twenty days of closure of the previous cooperative year, shall prepare a list of members with the right of vote, and a list of members without the right of vote, valid for the current financial year. The list is also required to be affixed on the notice board of the Cooperative society for information of all members and any member not satisfied with specific instances of inclusion or non-inclusion of members in the lists, may appeal to the Board within ten days for re-examination of the records and the Board shall within forty days of closure of the previous cooperative year, review the lists, finalize it, and have it affixed on the notice board. 4. In the present case, admittedly, the election was held without preparation of the voters’ list as mandated in Section 26(3) of the Act. In the result, many members having no right to vote, voted in the election. It is in this fact situation, the Registrar cancelled the election and its approval with a direction that the same be held afresh after following the provisions of Section 26(3) of the Act. We also find ourselves in complete agreement with the view taken by the Registrar as well as the learned Single Judge. No ground for interference is made out. The appeal is dismissed.