Decided on July 24,2018

Prakash Das S/O Lt Rajamohan Das Appellant
State Of Assam And 5 Ors Respondents


Prasanta Kumar Deka, J. - (1.) Heard Mr. MK Choudhury, learned Senior Counsel assisted by Mr. A Barkataki, learned counsel for the petitioner. Also heard Dr. B Ahmed, learned Standing Counsel, Cooperation Department appearing on behalf of the respondent No. 4, Mr. RK Bora, learned counsel for the respondent No. 6, Mr. BU Laskar, learned counsel for the respondent No. 5 and Mr. TC Chutia, learned Additional Senior Government Advocate appearing on behalf of the respondents No. 1, 2 and 3.
(2.) The present petitioner is a member of the respondent No. 5, Bura Buri Samabai Samity Limited. He is aggrieved by the illegal means adopted by the respondent No. 6 while enlisting himself amongst the members of the society and consequently being successful in the election held on 12.05.2018 for the Board of Directors of the society. The said election was given approval by the respondent No. 4, the Assistant Registrar of Cooperative Society on 22.05.2018. The respondent No. 6 came out as the 5th ranked candidate while the present petitioner was ranked as 9th candidate resulting failure on the part of the petitioner to secure himself among the 8 (eight) number of seats for the first part of the Board of Directors. The respondent No. 4 also failed to conduct and complete the enquiry after the said acts and deeds of respondent No. 6 were brought to the notice of the respondent No. 4 vide complaint dated 23.05.2018 even after conducting personal hearing by the said respondent No. 4 on 28.05.2018. Accordingly, a writ for mandamus with a direction to the respondent No. 4 to make an enquiry into the allegations put forward by the petitioner against the respondent No. 6 and for passing an appropriate order after the enquiry, a writ setting aside the membership of the respondent No. 6 from the Society and a direction refraining the respondent No. 5, Society to start and hold the process of election to the post of President and Vice-President of the Society. Upon motion, vide order dated 01.06.2018 this court was satisfied to direct not to hold the election for the post of President/ Vice-President and for non-holding of the election for the aforesaid post in terms of the said order no adverse consequence would ensue for the members of the Board of Directors. The respondents after completion of service, more specifically, the respondents No. 5 and 6 filed their respective affidavit-in-opposition and at the admission hearing stage this matter is taken up for its disposal.
(3.) On perusal of the writ petition and the annexures it is seen that the respondent No. 6 through his application sought for his inclusion as the member of the Samity claiming himself to be the son of Late Abdul Suban who was a member of the Society and after the death of his father, the said post of membership was lying vacant and accordingly sought for his inclusion as the eligible son of the said deceased Abdul Suban. In support of the said claim, the Gaon Bura vide his certificate dated 27.04.2013 certified that the respondent No. 6, son of Abdul Suban is an inhabitant of village Bamunabari under Pakaria mouza. The respondent No. 6 also submitted his Voter Identity Card wherein the relative's name has been shown as Suban Ali. On the basis of the said application, the respondent No. 6 was inducted as the member of the said Society and while enjoying the said status, the respondent No. 6 by way of an application sought for correction of his father's name shown in the voter's list of the Samity thereby striking out the name of Abdul Suban, his alleged father and introduce the name of Late Taher Ali as his father. In support of the said claim, the respondent No. 6 also submitted Voter Identity Card wherein the name of the father has been shown as Taher Ali.;

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