Sri Abid Raja Laskar And Ors. vs The State Of Assam And 18 Ors.

Page No.# 1/12
GAHC010205582026

2026:GAU-AS:16237-DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/356/2026
SRI ABID RAJA LASKAR AND ORS.
SON OF LATE BINOD RAJA LASKAR
RESIDENT OF VILLAGE GOSSAIPUR PART III, PO UDHARBOND, DISTRICT
CACHAR, ASSAM
2: NASIR UDDIN MAZARBHUIYA
S/O LATE KUTIMIYA MAZARBHUIYA
RESIDENT OF VILLAGE GOSSAIPUR PART III
P.O. UDHARBOND
DISTRICT CACHAR
ASSAM.
3: AKHTAR UDDIN LASKAR
S/O LATE AYUB ALI LASKAR
RESIDENT OF VILLAGE GOSSAIPUR PART III
P.O. UDHARBOND
DISTRICT CACHAR
ASSAM.
4: ABU BAKKAR BARBHUIYA
S/O LATE RAJA MIYA BARBHUIYA
RESIDENT OF VILLAGE- GOSSAIPUR PART III
P.O. UDHARBOND
DISTRICT- CACHAR
ASSAM
VERSUS
THE STATE OF ASSAM AND 18 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM COOPERATION DEPARTMENT, DISPUR,
GUWAHATI 6
2:THE REGISTRAR OF COOPERATIVE SOCIETIES

Page No.# 2/12
ASSAM
KHANAPARA
GUWAHATI- 22.
3:THE ZONAL JOINT REGISTRAR OF COOPERATIVE SOCIETIES
CACHAR
SRIBHUMI AND HAILAKANDI
SILCHAR ZONE
SILCHAR
DISTRICT -CACHAR
ASSAM.
4:THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES
CACHAR
SILCHAR
DISTRICT- CACHAR
ASSAM.
5:THE RONGPUR COOPERATIVE SOCIETY LTD.
REPRESENTED BY ITS SECRETARY
VILL. AND P.O. GOSSAIPUR PART-III
P.S. UDHARBOND
DIST.- CACHAR
ASSAM
PIN- 788030.
6:RAM JANOM CHOUHAN
MEMBERS
BOARD OF DIRECTORS
RONGPUR COOPERATIVE SOCIETY LTD.
VILL. AND P.O. GOSSAIPUR PART-III
P.S. UDHARBOND
DIST. CACHAR
ASSAM
PIN- 788030.
7:KHAIR UDDIN LASKAR
MEMBERS
BOARD OF DIRECTORS
RONGPUR COOPERATIVE SOCIETY LTD.
VILL. AND P.O. GOSSAIPUR PART-III
P.S. UDHARBOND
DIST. CACHAR
ASSAM
PIN- 788030.
8:FAZAL AHMED LASKAR

Page No.# 3/12
MEMBERS
BOARD OF DIRECTORS
RONGPUR COOPERATIVE SOCIETY LTD.
VILL. AND P.O. GOSSAIPUR PART-III
P.S. UDHARBOND
DIST. CACHAR
ASSAM
PIN- 788030.
9:SHAMIM HUSSAIN LASKAR
MEMBERS
BOARD OF DIRECTORS
RONGPUR COOPERATIVE SOCIETY LTD.
VILL. AND P.O. GOSSAIPUR PART-III
P.S. UDHARBOND
DIST. CACHAR
ASSAM
PIN- 788030.
10:JABED AKTAR LASKAR
MEMBERS
BOARD OF DIRECTORS
RONGPUR COOPERATIVE SOCIETY LTD.
VILL. AND P.O. GOSSAIPUR PART-III
P.S. UDHARBOND
DIST. CACHAR
ASSAM
PIN- 788030.
11:MAHTAB HUSSAIN BARBHUIYA
MEMBERS
BOARD OF DIRECTORS
RONGPUR COOPERATIVE SOCIETY LTD.
VILL. AND P.O. GOSSAIPUR PART-III
P.S. UDHARBOND
DIST. CACHAR
ASSAM
PIN- 788030.
12:ANSAR ALI KHAN
MEMBERS
BOARD OF DIRECTORS
RONGPUR COOPERATIVE SOCIETY LTD.
VILL. AND P.O. GOSSAIPUR PART-III
P.S. UDHARBOND
DIST. CACHAR
ASSAM
PIN- 788030.

Page No.# 4/12
13:KAMAL UDDIN CHOUDHURY
MEMBERS
BOARD OF DIRECTORS
RONGPUR COOPERATIVE SOCIETY LTD.
VILL. AND P.O. GOSSAIPUR PART-III
P.S. UDHARBOND
DIST. CACHAR
ASSAM
PIN- 788030.
14:KHASRUL AHMED BARBHUIYA
MEMBERS
BOARD OF DIRECTORS
RONGPUR COOPERATIVE SOCIETY LTD.
VILL. AND P.O. GOSSAIPUR PART-III
P.S. UDHARBOND
DIST. CACHAR
ASSAM
PIN- 788030.
15:BAHAR UDDIN BARBHUIYA
MEMBERS
BOARD OF DIRECTORS
RONGPUR COOPERATIVE SOCIETY LTD.
VILL. AND P.O. GOSSAIPUR PART-III
P.S. UDHARBOND
DIST. CACHAR
ASSAM
PIN- 788030.
16:IHTESAB AHMED LASKAR
MEMBERS
BOARD OF DIRECTORS
RONGPUR COOPERATIVE SOCIETY LTD.
VILL. AND P.O. GOSSAIPUR PART-III
P.S. UDHARBOND
DIST. CACHAR
ASSAM
PIN- 788030.
17:HAMIDUL ISLAM BARBHUIYA
MEMBERS
BOARD OF DIRECTORS
RONGPUR COOPERATIVE SOCIETY LTD.
VILL. AND P.O. GOSSAIPUR PART-III
P.S. UDHARBOND
DIST. CACHAR

Page No.# 5/12
ASSAM
PIN- 788030.
18:LUCKY BEGUM
MEMBERS
BOARD OF DIRECTORS
RONGPUR COOPERATIVE SOCIETY LTD.
VILL. AND P.O. GOSSAIPUR PART-III
P.S. UDHARBOND
DIST. CACHAR
ASSAM
PIN- 788030.
19:ANGURA BEGUM BARLASKAR
MEMBERS
BOARD OF DIRECTORS
RONGPUR COOPERATIVE SOCIETY LTD.
VILL. AND P.O. GOSSAIPUR PART-III
P.S. UDHARBOND
DIST. CACHAR
ASSAM
PIN- 788030
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

For the petitioner : Mr. P.K. Roy Choudhury, Sr. Adv.
: Mr. A.K. Azad.
For respondents : Mr. S.K. Talukdar
: Mr. M.U. Mahmud.
: Mr. B. Sinha.

Date on which judgment is reserved : 05.10.2026
Date of pronouncement of judgment : 05.11.2026
Whether the pronouncement is of
the operative part of the judgment? : No
Whether the full judgment has been
Pronounced? : Yes

Page No.# 6/12
JUDGMENT AND ORDER
(CAV)
(K.R. Surana, J.)
Heard Mr. P.K. Roy Choudhury, learned senior counsel, assisted by Mr. A.K.
Azad, learned counsel for the appellants. Also heard Mr. S.K. Talukdar, learned
standing counsel for the Cooperation Department, representing respondent nos.
1 to 4; Mr. M.U. Mahmud, learned counsel for the respondent nos.5 and 6; and
Mr. B. Sinha, learned counsel for respondent nos. 8 to 12, 14 to 16, 18 and 19.
2) This intra-court appeal is directed against the impugned
judgment and order dated 11.09.2026, passed by the learned Single Judge in
W.P.(C) No. 3847/2026, filed by the appellants, thereby dismissing the writ
petition.
3) The appellants are the writ petitioners in W.P.(C) No.
3847/2026. The said writ petition was filed to assail the order dated 10.07.2026,
passed by the Registrar of Cooperative Societies, Assam (respondent no.2), by
which the dissolution of the Managing Committee of the Rongpur Cooperative
Society Limited (respondent no.5), by the Zonal Joint Registrar of Cooperative
Societies (respondent no.3) was interfered with and the Managing Committee/
Board of Directors of the respondent no 5 Cooperative Society was reinstated.
4) Heard all appearing sides on the admission of the appeal.
5) The learned counsel for the respondent nos. 5 and 6 has raised
a preliminary objection as to the maintainability of the present appeal on the
ground that the appellants never participated in any meetings of the respondent
no. 5 society and were not members of the Managing Committee/ Board of
Directors of the respondent no. 5 society. Therefore, they have no locus standi

Page No.# 7/12
to file a writ petition, being W.P.(C) No. 3847/2026 as well as the instant writ
appeal so as to assail the order dated 10.07.2026, passed by the respondent
no.2.
6) Having heard the learned counsel for the respondent nos. 5 and
6 and the learned standing counsel for the Cooperation Department and the
learned senior counsel for the appellants, the Court is inclined to hold the
objection as to maintainability as frivolous and the plea has been raised only to
cause delay. There is no provision under the Assam Cooperative Societies Act,
2007, by which it can be construed that a member of the cooperative society
will not have any right to challenge any action taken by the authorities under
the Cooperation Department, if they feel aggrieved or wronged, notwithstanding
that they have never been an active member of the society and had never taken
part of the Managing Committee/ Board of Directors. Thus, on the said ground
not only the writ petition (since disposed of) but the instant writ appeal is also
held to be maintainable.
7) Heard both sides also on the interim prayer for stay of (i) the
operation of the impugned judgment and order dated 11.09.2026, passed by
the learned Single Judge in W.P.(C) No. 3847/2026, and (ii) order dated
10.07.2026, passed by the respondent no. 2, thereby reinstating and/or
restoring the dissolved Board of Directors of respondent no. 5 society; and (iii)
to set aside the order dated 06.11.2023, passed by the respondent no. 3; and
(iv) to restore the order dated 06.11.2023, passed by the respondent no. 3.
8) The brief facts of the case of the appellants in the writ petition
is as follows:-
a. The respondent no. 5 society had convened Annual General Meeting

Page No.# 8/12
with election on 21.02.2023 for constitution of Managing Committee
and election of Board of Directors of the said society.
b. As per resolution no. 6 of the said AGM, 15 (fifteen) numbers of
Board of Directors were elected for the term of 2022-23 to 2026-27.
The elected Board of Directors have been arrayed herein as respondent
nos. 6 to 19. The Assistant Registrar of Cooperative Societies
respondent no. 4 had approved the said resolution on 18.04.2023.
c. The respondent no. 4 reported to the respondent no. 3 that the
respondent no. 5 Society had failed to hold AGM at least once in every
cooperative year within a period of 6 (six) months of close of financial
year, as prescribed under Section 39 of the Assam Cooperative
Societies Act, 2007 (hereinafter referred to as ACS Act, 2007 for short).
Accordingly, the respondent no. 3 by its order dated 06.11.2023,
declared the Managing Committee/ Board of Directors to be
automatically dissolved. Moreover, in exercise of power delegated
under section 41(6) of the ACS Act, 2007, the respondent no. 3 had
appointed one Senior Inspector Auditor of Cooperative Societies, office
of the respondent no. 4 as Officer on Management to manage the
affairs of the respondent no. 5 society and to hold the AGM/ Election of
the said society within 90 (ninety) days and to constitute new
Managing Committee/ Board of Directors as per the provisions of the
ACS Act, 2007.
d. In the meanwhile, on 29.12.2025, aggrieved by the order dated
06.11.2023, an appeal under section 111 of the ACS Act, 2007 was
filed by the Chairman of the respondent no. 5 society (respondent
no.6). He was 1 (one) out of 15 (fifteen) members of the dissolved

Page No.# 9/12
Board of Directors before the respondent no.2. After hearing the
respective appearing parties, the respondent no. 2, by an order dated
10.07.2026, set aside the order dated 06.11.2023, passed by the
respondent no. 3 and the dissolved Board of Directors was restored.
e. The case of the appellants is that the Zonal Registrar of Cooperative
Societies (respondent no.3) was acting upon its delegated power and
authority and therefore, as the said authority was acting as a delegate
of respondent no.2, the said respondent no. 2 could not have sat in
appeal under Section 111(1) of the ACS Act, 2007 and set aside the
impugned order dated 06.11.2023, but the matter had to be referred
to the Government of Assam in the Cooperation Department.
9) The learned counsel for the appellants, by citing the cases of (i)
S. Krishnan v. State of Madras, AIR 1951 SC 301, (ii) Roop Chand v. State of
Punjab, AIR 1963 SC 1503, (iii) Chintapalli Agency Taluk Arrack Sales Co-op.
Society Ltd. v. Secretary (Food and Agriculture) Govt of A.P. & Ors., 1977 (4)
SCC 337, (iv) Yogendra Prasad v. Addl. Registrar, Co-Operative Societies, Bihar &
Ors., 1992 Supp (1) Supreme Court Cases 720 (v) Behari Kunj Sahkari Awas
Samiti & Anr. V. State of U.P. & Ors., (1997) 7 Supreme Court Cases 37, (vi)
State of Orrisa & Anr. V. Commissioner of Land Records & Settlement, Cuttak &
Ors., (1998) 7 Supreme Court Cases 162, and (vii) Ishwar Singh v. State of
Rajasthan & Ors., (2005) 2 Supreme Court Cases 334, had submitted that the
Zonal Registrar of Cooperative Societies (respondent no. 3) had exercised power
and authority as a delegatee of the Registrar of Cooperative Societies, Assam
and therefore, the order dated 06.11.2023, must be deemed to have been
passed by the principal i.e. Registrar of Cooperative Societies, Assam
(respondent no.2) and therefore, the respondent no. 2 could not have sat in

Page No.# 10/12
appeal against his own deemed order.
10) Per contra, the learned Standing counsel for the Cooperative
Department had submitted that under the scheme of the ACS Act, 2007, there is
only one empowered authority, who is the Registrar of Cooperative Societies,
Assam (respondent no. 2) and all other authorities acted in accordance with
delegated powers. Therefore, there is difference between appellate powers as
envisaged under Section 111(1) and section 111(3) of the ACS Act, 2007. Thus,
it was submitted that if the interpretation as advanced by the learned senior
counsel for the appellants is accepted, it would render power exercised by all
other authorities under the said ACS Act, 2007 as an act of a delegatee, and
thus frustrate the provisions of the said Act and will render appeal under Section
111(1) as otiose and all appeals will have to be preferred before the
Government. In support of his submissions, the learned standing counsel for the
Cooperation Department had cited the following cases, viz., (i) Roop Chand v.
State of Punjab, AIR 1963 SC 1503, (ii) Sankar Ram And Co. v. Kasi Naicker &
Ors., AIR 2003 SC 4156, and (iii) The Malad Cooperative Housing Society
Limited & Anr. v. State of Maharashtra & Ors., W.P. No. 1927/2015, decided by
Bombay High Court on 18.4.2026.
11) The learned counsel for respondent no. 5 and 6 and the learned
standing counsel for the appearing private respondents, have by and large
repeated the submissions made by the learned standing counsel for the
Cooperation Department.
12) Considered the submissions advanced by the learned senior
counsel and learned counsel for the appearing parties.
13) The Court is of the considered opinion that as per the scheme of

Page No.# 11/12
the ACS Act, 2007, officers are appointed under Section 3(2) of the ACS Act,
2007 to assist the Registrar of Cooperative Societies, Assam. Therefore, other
authorities under the respondent no. 2, prima facie, are found to be exercising
delegated power and authority. Therefore, if the interpretation sought to be
advanced by the learned senior counsel for the appellants is accepted, all
appeals against any order passed by authorities under the ACS Act, 2007 would
have to be filed before the State Government only, thereby rendering the
provision of appeal under Section 111(1) of the ACS Act, 2007 as nugatory.
14) Therefore, the Court is disinclined to accept the interpretation,
as advanced by the learned senior counsel for the appellant, which, if accepted,
would render the appellate provisions of Section 111(1) under ACS Act, 2007 as
otiose, which would frustrate the intent and purpose of the said appellate
provision. In this regard, the Court is guided by the ratio laid down by the
Supreme Court of India in the case of Chintapalli Agency Taluk Arrack Sales Co-
op. Society Ltd. v. Secretary (Food and Agriculture) Govt of A.P. & Ors., AIR
1977 SC 2313, and Sankar Ram And Co. (supra).
15) None of the cases cited by the learned senior counsel for the
appellants are decided on the law which is para materia to the provisions of ACS
Act, 2007, which provides for delegation of power to all other officers of the
Office of the Registrar of Cooperative Societies, Assam. Hence, there appears to
be no point to burden this order with discussion on case law which has not been
decided under provisions which are not similar to the provisions of the ACS Act,
2007.
16) The learned Single Judge, in the impugned judgment and order
dated 11.09.2026, had duly considered the provisions of Section 111(1) and
111(3) of the ACS Act, 2007 and is found to have correctly interpreted that the

Page No.# 12/12
order dated 06.11.2023 was passed by the Zonal Joint Registrar of Cooperative
Societies, Silchar Zone (respondent no.3) and therefore, appeal under Section
111(1) would lie before the Registrar of Cooperative Societies, Assam
(respondent no.2). The learned Single Judge is also found to have correctly
appreciated that the dissolution of the Managing Committee/ Board of Directors
of respondent no. 5 society was by operation of provisions of Section 39 of the
ACS Act, 2007 and therefore, the appeal would lie before the respondent no.2.
17) Therefore, the appellants have not been able to make out any
case for interference with the judgment and order dated 11.09.2026, passed by
the learned Single Judge in W.P.(C) No. 3847/2026, thereby dismissing the writ
petition. Consequently, this intra-Court appeal is dismissed.
18) The parties are left to bear their own cost.
19) Interim order dated 25.09.2026, by which it was provided that
any order that may be passed by the competent authority or by the AGM for
constituting a new Board of Directors shall not be given effect to, which was
extended by order dated 29.09.2026, is vacated.
20) The learned standing counsel for the Cooperation Department
shall communicate a downloaded copy of this order to the concerned
respondent authorities.

JUDGE JUDGE
Munna Kumar
Digitally signed by Munna Kumar
Date: 2026.11.05 11:41:56 +05'30'
Comparing Assistant Private Secretary