Page No.# 1/9 vs The State Of Assam And 4 Ors
2025 Latest Caselaw 7135 Gua

Gauhati High Court

Page No.# 1/9 vs The State Of Assam And 4 Ors on 9 September, 2025

                                                                 Page No.# 1/9

GAHC010132312024




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

                           Case No. : WP(C)/3421/2024

         SUJIT DAS AND ANR
         S/O- LATE CHITTA RANJAN DAS,
         OF VILL. DUDHPATIL PT-IV,
         P.O.- HATICHERA,
         DIST.- CACHAR, ASSAM.

         2: JAYANTA DAS
          S/O- LATE CHITTA RANJAN DAS

         OF VILL.- DUDHPATIL PT-IV

         P.O.- HATICHERA

         DIST.- CACHAR
         ASSAM

         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
         COOPERATION DEPTT., DISPUR,
         GUWAHATI-6.

         2:THE REGISTRAR OF COOP. SOCIETIES
         ASSAM
          KHANAPARA
          GUWAHATI-22.

         3:THE ZONAL JOINT REGISTRAR OF COOP. SOCIETIES

          SILCHAR
          CACHAR
          ASSAM.
                                                                            Page No.# 2/9

            4:THE ASSTT. REGISTRAR OF COOP. SOCIETIES
             SILCHAR
             CACHAR
            ASSAM

            5:RAJESH DAS
             S/O- LATE ABHIMANYA DAS

            OF VILL.- DUDHPATIL PT-IV

            P.O- HATICHERRA

            DIST.- CACHAR
            ASSAM.

            6:SABITA DAS
             S/O- LATE SARADA MOHAN DAS VILL- DUDHPATIL PT.-IV P.O.-
            HATICHERA PT.VII DIST.- CACHAR ASSAM

            7:CHANCHAL DAS
             S/O- BIMAL KANTI DAS VILL.- DUDHPATIL PT.-IV P.O.-HATICHRA PT.-VII
            DIST.-CACHAR ASSAM

            8:KALPANA DAS
            W/O- LATESUBAL RAM DAS VILL.-DUDHPATIL PT.-IV P.O.-HATICHERA
            PT.-VII DIST.-CACHAR ASSAM

            9:PUTUL DAS
             S/O- INDRA RAM DAS VILL- DUDHPATIL PT.-IV P.O.-HATICHERA DIST.-
            CACHAR ASSAM

            10:SAJAL DAS
             S/O- LATE AHIR R/O-VILL. DHUDHPATIL PT.IV P.O.- HATICHERRA DIST.-
            CACHAR ASSAM

            11:ANAN DAS
             S/O-LATE MOINABAL DAS R/O-VILL. DHUDHPATIL PT.IV P.O.
            HATICHERRA DIST.-CACHAR ASSAM

            12:BAPPA DAS
             S/O- LATE ADHIR RANJAN DAS R/O-VILL. DUDHPATIL PT.IV P.O.
            HATICHERRA DIST. CACHAR ASSA

Advocate for the Petitioner   : MR B SINHA, MR. H ISLAM

Advocate for the Respondent : SC, CO OP, MR. P K DEKA(R-6 TO 12),MR. I H LASKAR (R-6 TO
12),MS. N M LONGKENG(R-5),MR. R. KARIM(R-5),MR. P DAIMARY(R-5),MR. P K DEKA(R-
5),MR. I H LASKAR (R-5)
                                                                       Page No.# 3/9




                                 BEFORE
                HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                        JUDGMENT & ORDER (ORAL)

Date : 09-09-2025

1. Heard Mr. B Sinha, learned counsel for the petitioners. Also heard Mr. S.K. Talukdar, learned standing counsel, Co-operation Department, appearing for respondent Nos.1 to 4 and Mr. P.K. Deka, learned counsel for respondent Nos.5 to 12.

2. The challenge in this writ petition is against the order dated 14.06.2024 passed by the Zonal Joint Registrar of Cooperative Societies, Silchar Zone, by which an earlier order dated 01.01.2024, for the constitution of a One Man Committee was withdrawn and the Board of Directors were restored to run the affairs of the Cooperative Societies.

3. The primary ground of challenge is that the regular Board of Directors of the society in question was constituted in an Annual General Meeting (AGM) held on 16.09.2016. The tenure of such committee expired after five years, i.e., on 15.09.2021. However, it is alleged that despite the expiry of the tenure, on 13.08.2022, a notice was issued by the Secretary of the society to hold the AGM which was accordingly conducted on 28.08.2022.

4. In the backdrop of the above, this court sought instructions from the Department regarding the status of the society, after the Page No.# 4/9

expiry of the terms of the earlier Board of Directors as of 15.09.2021, until the new Board of Directors were constituted at its AGM held on 28.08.2022.

5. This court also sought clarification from the Cooperation Department as to how Section 41(6) of the Assam Cooperative Societies Act, 2007, was made operative during the said period.

6. To complete such instructions, the Assistant Registrar of Cooperative Societies, Silchar, communicated the Zonal Joint Registrar of Cooperative Societies vide its communication dated 29.08.2025 with the following intimation:

GOVERNMENT OF ASSAM OFFICE OF THE ASSISTANT REGISTRAR OF COOP SOCIETIES SILCHAR

No. CCRQ.56/58/Pt.I/330 Dated Silchar the 29th August/2025

To The Zonal Joint Registrar of Coop: Socieites, Cachar, Sribhumi & Hailakandi, Silchar Zone, Silchar

Sub: Affairs in the matter of Digali MPCS Ltd

Ref: 1. Your Office Letter No.JRCS/J.3/2024/27 dtd. 26-8-2025

2. Letter No.COOP/SC/2025/67 dtd.21-8-25 from the ld.

Standing Counsel Cooperation Department, Hon'ble Gauhati High Court, Guwahati.

Sir, "With reference to the above, I have the honour to inform you that on examination of Office records it is found that the AGM held on 28.08.2021 was convened vide Notice dtd. 08-08.2021 (copy enclosed as annexure 1 & 2) and the proceeding of the said AGM accorded approval on 14.09.2021 by the then ARCS, Silchar (copy enclosed as annexure 3). In this regards it is to be Page No.# 5/9

mentioned that as the BOD was formed on 16-09-2016 for next five years and which is approved by the ARCS, Silchar on 26-09-2016 (copy enclosed as annexure 4) therefore, the next BOD of the society due to be formed on the AGM which was held on 28-08-2021. But notice of AGM dtd 8-8-2021 did not include the agenda of the constitution of new BOD and no any resolution seen in the proceeding of the AGM dtd 28-8-2021 regarding constitution of BOD. However, the proceeding of the AGM dtd 28-8-2021 was accorded approval vide No.CCRO.56/58/Pt.I/92 dtd 14-9-2021." In view of the above, it is seen that the earlier management was being managed the function of the Society from 15-9-2021 to 28-8-22 without follow the Sec. 31 of Assam Coop: Act.

This is for favour of your kind information and necessary action.

Your faithfully

Assistant Registrar of Cooperative Societies Silchar

2. Accordingly, the Zonal Joint Registrar of Co-operative Societies, Cachar, submitted a report to the Registrar of Cooperative Societies under its communication dated 29.08.2025, the same is quoted hereinbelow:

GOVERNMENT OF ASSAM OFFICE OF THE ZONAL JOINT REGISTRAR OF COOPERATIVE SOCIETIES CACHAR, SRIBHUMI & HAILAKANDI, SILCHAR ZONE:: SILCHAR

No. JRCS/J.3/2024/35 dated Silchar the 29th August/2025

To The Registrar of Cooperative Socieites, Assam Khanapara, Guwahati - 22

Sub: Instruction as per order dated 19.08.2025 of the Hon'ble Court

Ref: (i) WP(C) 3421/2024 (Sujir Das & Anr)

(ii) Ld. Standing counsel letter No.CO-OP/SC/2025/67 dated 21.8.2025

(iii) ARCS, Silchar letter No.CCRO.56/58/Pt. I/330, dt. 29th Page No.# 6/9

August/2025 Sir, "With reference to the above and enclosing herewith a copy of the letter of the ARCS, Silchar referred at (iii) above regarding the management position of Digali CS Ltd. from 15.09.2021 to 28.08.2022, I have the honour to inform you that it has been informed that the earlier BOD of Digali CS Ltd.

managed the functions of the society during the aforesaid period without following the provisions of section-31 of the Act.

But so far the records of this office are concerned, the o/o the ARCS, Silchar did not send any proposal to this end for appointment of officer in the society under section-41(6) of the Act when the society failed to elect a new BOD in the AGM of the society held on 28.08.2021. Instead, the proceedings of that AGM were in fact approved by the o/o the ARCS on 14.09.2021 leaving no scope for appointment of officer in the society. Again, records further reveal that the o/o the ARCS, Silchar also approved the proceedings of the next AGM of the society held on 28.8.2022 allowing the earlier BOD to continue in office for the next five years." (emphasis provided) This is for your information and necessary action.

Yours faithfully

Zonal Joint Registrar of Cooperative Societies Cachar, Sribhumi & Hailakandi, Silchar Zone:: Silchar

3. Thus, there is no dispute to the fact that the Board of Directors of the Society in question was constituted on 16.09.2016, and in terms of the provisions of Section 31 of the Cooperative Societies Act, 2007, the term of the Board shall be over on 15.09.2021 from the date of election of the Directors.

4. In terms of Section 41(2) of the Assam Cooperative Societies Act, 2007, it is incumbent that the election of Directors to the board be conducted before the expiry of the tenure of the existing Board. The legislative intent underlying such a prescription is to ensure that the newly elected members can Page No.# 7/9

assume office immediately upon cessation of the term of the outgoing board, thereby securing an uninterrupted and seamless transition in the governance of the society.

5. Section 41(6) of the Act, 2007 further delineates the course of action to be adopted in the eventuality of the Board failing to arrange for the conduct of an election before the expiry of its term. The statutory mandate in such circumstances is that the Registrar shall convene a general meeting by appointing an officer of the Cooperation Department for the purpose of constituting a new board within a period of 90 days from the date of such appointment. During this interregnum, the officer so appointed shall be vested with the responsibility of discharging all the functions of the Board, and the society itself shall bear the expenses incurred in the discharge of such functions.

6. In the case in hand, it stands admitted that the tenure of the Board came to an end on 15.09.2021, and the Board failed to arrange for the holding of an election before the expiry of its term. In such circumstances, the mandate of the Act, 2007, more particularly, Section 41 (6) thereof, fastens a statutory obligation upon the Registrar of Cooperative Societies to convene a general meeting by appointing an officer of the Cooperative Department for the constitution of a new Board within the prescribed period of 90 days from the date of such appointment.

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7. The factual position, however, reveals that upon expiry of the tenure, the ARCS neither forwarded any proposal nor intimated the Registrar, and instead permitted the outgoing board, whose tenure had already lapsed, to continue in office. What further emerges from the record is that the outgoing board was even allowed to hold the Annual General Meeting on 28.08.2022, almost one year after expiry of its tenure, purportedly by invoking section 41(2) of the Act, 2007.

8. Under the scheme of the Act, 2007, as discussed hereinabove, it is abundantly clear that holding of an AGM within the prescribed period is a mandatory obligation of the Managing Committee. The tenure of the elected body is circumscribed by Section 31 of the Act, and upon its expiry, the committee becomes functus officio. It is well settled that such tenure cannot be enlarged either by executive fiat or by administrative indulgence. As recorded hereinbefore, in the present case, no AGM was convened before the expiry of the tenure of the Board. Therefore, any meeting convened thereafter would be without jurisdiction, as the Board, having ceased to exist in the eyes of the law, had no authority to act.

9. The ARCS equally lacks competence to accord approval to an AGM held beyond the statutory tenure. The Act, 2007, does not vest in the Registrar any power to condone such a default or to validate proceedings undertaken after the Board's tenure stood exhausted. Acceptance of such a proposition would Page No.# 9/9

amount to conferring upon the Registrar and/or any officer appointed by him a power to rewrite the Act, 2007, which is impermissible.

10. Accordingly, this court is of the considered view that once no AGM was held before expiry of tenure, the subsequent meeting, if any, is non-est and incapable of being clothed with legality by the Registrar or any of his subordinates. The proper course open to the Registrar is to appoint an officer to initiate steps for the conduct of a fresh election in accordance with the mandate of the Co-operative Societies Act 2007.

11. Accordingly, the impugned action stands set aside and quashed. The Registrar is directed to forthwith initiate appropriate proceedings for the appointment of an officer for the conduct of a fresh election in accordance with the provisions of the Act, 2007.

12. The Writ Petition is allowed. No orders as to costs.

13. The communication(s) as recorded and quoted hereinabove, issued under the signature of ARCS as well as Zonal Joint Registrar of Cooperative Societies, Silchar, are kept on record.

JUDGE

Comparing Assistant