AJOY KUMAR MAJUMDER Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr A I Uddin, learned counsel for the petitioners; Dr B Ahmed, learned Standing counsel, Cooperation Department, Government of Assam; Mr H Ali, learned counsel for respondent No. 7; Mr B K Mahajan, learned counsel for respondent No. 8; and Mr N Haque, learned counsel for respondent Nos. 9 to 23.

(2.) Subject matter of both the writ petitions relate to election of No. 1 Lumding Samabay Samity Limited and, therefore, the two writ petitions were tagged and heard together.

(3.) No. 1 Lumding Samabay Samity Limited is a cooperative society which was registered under the Assam Cooperative Societies Act, 1949 (1949 Act) and presently governed by the provisions of the successor act, i.e., the Assam Cooperative Societies Act, 2007 (2007 Act). It is stated that No. 1 Lumding Samabay Samity Limited (cooperative society) consists of two parts, i.e., Part-1 and Part-2. There are a total of 5599 number of shareholder members; 3593 in Part-I and 2006 in Part-II. Though the cooperative society has two parts it is managed by a common managing body. As per byelaws of the cooperative society, 12 members are elected to the managing body from Part-I and 4 from Part-II. Last election of the managing body of the cooperative society was held on 25.7.2012, whose term expired on 24.7.2017.