Jiabur Rahman Laskar vs The State Of Assam And 5 Ors
2023 Latest Caselaw 68 Gua

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GAHC010000692023




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WP(C)/30/2023

         JIABUR RAHMAN LASKAR
         SON OF LATE NURUDDIN LASKAR,
         R/O- SAHABAD PART-II,
         P.O.- SAHABAD, DIST.- HAILAKANDI,
         PIN- 788163.



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM,
         COOPERATION DEPARTMENT,
         DISPUR, GUWAHATI-06.

         2:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM
          COOPERATION DEPARTMENT
          DISPUR
          GUWAHATI- 06.

         3:THE REGISTRAR OF COOPERATIVE SOCIETIES
         ASSAM
          KHANAPARA
          GHY- 781022.

         4:THE ZONAL JOINT REGISTRAR OF COOPERATIVE SOCIETIES
          SILCHAR ZONE
          SILCHAR
          CACHAR
          PIN- 788001.

         5:THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES
          HAILAKANDI
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             ASSAM
             P.O.- HAILAKANDI
             PIN- 788151.

            6:REKIBUR RAHMAN
             JUNIOR INSPECTOR/ AUDITOR OF THE OFFICE OF THE ASSISTANT
            REGISTRAR OF COOPERATIVE SOCIETIES
             HAILAKANDI
            ASSAM

            P.O.- HAILAKANDI
             PIN- 788151

Advocate for the Petitioner   : MR. M KHAN

Advocate for the Respondent : SC, CO OP




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                          ORDER

Date : 04.01.2023

Heard Mr. M.K. Choudhury, learned senior counsel, assisted by Mr. M. Khan, learned counsel for the petitioner. Also heard Mr. S.K. Talukdar, learned counsel for the respondent nos. 1 to 5 along with Mr. G. Bordoloi, learned standing counsel for the Cooperation Department.

It may be mentioned that the respondent no.6 had filed a caveat being Cavt. No. 15652/2022 and although the name of the learned counsel for the caveator is reflected in the cause list, none appears on call for the caveator. The non-appearance is at the risk of the caveator/ respondent no.6.

By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the order dated 26.12.2022 passed by the Deputy Secretary to the Govt. of Assam, Cooperation Department, thereby appointing Page No.# 3/3

the respondent no.6 as the Chief Executive/ Secretary of Rongpur Cooperative Society Ltd. under Hailakandi Sub-Division.

Issue notice returnable on 06.02.2023.

Requisite extra copy of the writ petition be served on the learned departmental counsel in course of the day.

The learned senior counsel for the petitioner has prayed for interim relief, which is opposed by the learned standing counsel for the Cooperation Department.

Having considered the judgment and order dated 10.02.2022 passed by this Court in WP(C) 5607/2021, order dated 29.03.2022 passed by the Division Bench of this Court in WA 98/2022, as well as order under memo no. COOP.58/2022/259 dated 17.03.2022, the Court is of the prima facie opinion that the impugned order dated 26.12.2022 would be in conflict with the order dated 29.03.2022 passed in WA 98/2022.

Accordingly, the Court is inclined to stay the operation of the said impugned order under file no. 230709 dated 26.12.2022 issued by the Deputy Secretary to the Govt. of Assam, Cooperation Department, by which the respondent no.6 was appointed as the Chief Executive/ Secretary of Rongpur Cooperative Society Ltd., till the next date of listing. It is also clarified that any consequential order that may have been passed pursuant to the impugned order dated 26.12.2022, shall not be given effect to.

List on 06.02.2023.

JUDGE

Comparing Assistant