SHAHIRUL ISLAM AND 2 ORS Vs. STATE OF ASSAM AND ORS
HIGH COURT OF GAUHATI
Shahirul Islam And 2 Ors
STATE OF ASSAM AND ORS
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Ujjal Bhuyan, J. -
(1.) Heard Mr. P.N. Goswami, learned counsel for the petitioner; Mr. M.K. Choudhury, learned Senior counsel assisted by Mr. M. Khan, learned counsel for respondent No.6; and Dr. B. Ahmed, learned Standing Counsel, Cooperation Department.
(2.) This petition under Article 226 of the Constitution of India has been placed before us as per order of Hon ble the Chief Justice dated 09.02.2018 on the administrative side.
(3.) Though learned Single Judge in the referral order dated 18.01.2018 had not formally framed the questions which have been referred, however, on a careful scrutiny of the referral order dated 18.01.2018, the following questions of law can be deduced therefrom which would require an answer by this Bench:-
(1) Whether Section 39 of the Assam Cooperative Societies Act, 2007 is pari materia to the provisions of Section 32 of the Assam Cooperative Societies Act, 1949?
(2) Whether the provisions of Section 39 of the Assam Cooperative Societies Act, 2007 would not be attracted to an adjourned Annual General Meeting of a Cooperative Society?
(3) Whether the time limit prescribed under Section 39 of the Assam Cooperative Societies Act, 2007 is inflexible and whether no time can be granted beyond the prescribed period for holding Annual General Meeting of a Cooperative Society?;
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