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2017 DIGILAW 999 (GAU)

Puthimari Gaon Panchayat Samabay Samity Ltd v. State of Assam

2017-07-28

ACHINTYA MALLA BUJOR BARUA

body2017
JUDGMENT : Heard Mr. D. Choudhury, learned counsel for the petitioners, Dr. B. Ahmed, learned Standing counsel for the Co-operation Department and Ms. B.A. Talukdar, learned counsel appearing for the respondent No.4. 2. The respondent No.4 Chapar Samabay Samity Limited is a Co-operative Society registered in the year 1973 under the Assam Co-operative Societies Act, 1949 (in short Act of 1949) comprising of shareholders from four Gaon Panchayats namely Kazipara Gaon Panchayt, Puthimari Gaon Panchayat, Barunitara Batardal Gaon Panchayat and Dhirerchar-Tarangapur Gaon Panchayat. Subsequently, the Kazipara Gaon Panchayat was upgraded to Chapar Town in the year 1989. It is stated that in exercise of the powers conferred u/s 13 of the Assam Co-operative Societies Act, 2007, there was a policy decision of the Government of Assam to divide the existing Co-operative societies into smaller Co-operative Societies having their territorial jurisdiction coterminous with the territorial jurisdiction of concerned Gaon Panchayat. 3. Pursuant to such policy decision, the erstwhile Chapar Samabay Samity Limited was divided into four Samabay Samity Limited namely Chapar Nagar Bahumukhi Samabay Samity Limited, Puthimari Gaon Panchayat Level Samabay Samity Limited, Barunitara Batardal Gaon Panchayat Samabay Samity Limited and Dhirerchar Tarangapur Gaon Panchayat Level Samabay Samity Limited. 4. Accordingly, the erstwhile Chapar Samabay Samity Limited in their meeting held on 28.02.2010, the original of which had been produced by Dr. B. Ahmed, learned Standing Counsel Co-operation Department, had taken a resolution to divide the existing Chapar Samabay Samity Limited into four different Samabay Samity Limited. 5. In the aforesaid background, this writ petition had been preferred by the four newly created Co-operative Societies, namely, Chapar Nagar Bahumukhi Samabay Samity Limited, Puthimari Gaon Panchayat Level Samabay Samity Limited, Barunitara Batardal Gaon Panchayat Samabay Samity Limited and Dhirerchar Tarangapur Gaon Panchayat Level Samabay Samity Limited, which were created out of the aforesaid division. 6. This writ petition has been preferred for a direction to the respondent authorities to cancel the registration of Chapar Samabay Samity Limited. The petitioners are also aggrieved by a notice dated 13.07.2016 of the Chapar Samabay Samity Limited informing all the shareholders that the General Meeting/Election for the year 2016-17 of the Chapar Samabay Samity Limited will be held at Dhirghat Middle English School Campus on 28.07.2016. 7. The petitioners are also aggrieved by a notice dated 13.07.2016 of the Chapar Samabay Samity Limited informing all the shareholders that the General Meeting/Election for the year 2016-17 of the Chapar Samabay Samity Limited will be held at Dhirghat Middle English School Campus on 28.07.2016. 7. As noticed above, the same Chapar Samabay Samity Limited had adopted a resolution on 24.02.2010, whereby the original Society had been divided into four different societies namely, Chapar Nagar Bahumukhi Samabay Samity Limited, Puthimari Gaon Panchayat Level Samabay Samity Limited, Barunitara Batardal Gaon Panchayat Samabay Samity Limited and Dhirerchar Tarangapur Gaon Panchayat Level Samabay Samity Limited. It is also stated by Dr. B. Ahmed, learned Standing Counsel for Co-operation Department that the said resolution had been duly approved by the concerned authorities in the Co-operation Department. 8. Therefore, this Court is of the view that in the circumstances where the original Chapar Samabay Samity Limited had been divided into four different Samabay Samity Limited and the resolution for dividing had been duly approved by the concerned authorities, the Chapar Samabay Samity Limited no further continues to exist in the eye of law. 9. In such view of the matter, the notice dated 13.07.2016 of the Chapar Samabay Samity Limited for holding its Annual General Meeting for the year 2016-17 to be held on 28.07.2016 is found to be without any valid sanction of law. 10. It is provided that if the Chapar Nagar Bahumukhi Samabay Samity Limited, which is a creation after the division of the original Chapar Samabay Samity Limited, intends to hold its Annual General Meeting and Election, the said society will be at liberty to proceed for the purpose as provided under the law, but in its own name and also within the territorial jurisdiction allotted to it. In terms of the above, the writ petition stands disposed of.