Gauhati High Court

WP(C)/7131/2023 of GIRIN BORAH Vs THE STATE OF ASSAM AND 7 ORS on 28 July 2026

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GAHC010275582023 2026:GAU-AS:10465 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7131/2023 GIRIN BORAH S/O LATE CHENIRAM BORAH, R/O GUWAHATI, HOUSE NO. 46, SAKTIGARH PATH, P.O.-BHANGAGARH, P.S.-DISPUR, DIST-KAMRUP (M), ASSAM, PIN-781005

GAHC010275582023

2026:GAU-AS:10465

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/7131/2023

GIRIN BORAH

S/O LATE CHENIRAM BORAH, R/O GUWAHATI, HOUSE NO. 46, SAKTIGARH PATH, P.O.-BHANGAGARH, P.S.-DISPUR, DIST-KAMRUP (M), ASSAM, PIN-781005

VERSUS

THE STATE OF ASSAM AND 7 ORS

REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPTT. OF

CO-OPERATION, DISPUR, GUWAHATI-781006

2:THE UNION CO-OPERATIVE BANK LTD.

REPRESENTED BY THE CHAIRMAN HAVING ITS HEAD OFFICE AT

KANAKLATA PATH

G.S. ROAD

BHANGAGARH

P.O.-BHANGAGARH

P.S.-DISPUR

DIST-KAMRUP (M)

ASSAM

PIN-781005

3:THE MANAGING DIRECTOR IN-CHARGE

THE UNION CO-OPERATIVE BANK LTD

KANAKLATA PATH

G.S. ROAD

BHANGAGARH

P.O.-BHANGAGARH

P.S.-DISPUR

DIST-KAMRUP (M)

ASSAM

PIN-781005

4:THE REGISTRAR OF CO-OPERATIVE SOCIETIES

GOVT. OF ASSAM

KHANAPARA

DEPUTY GENERAL MANAGER (REGION)

GUWAHATI-22 (ASSAM)

PIN CODE-781022

5:THE ADDL. REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)

GOVT. OF ASSAM

KHANAPARA

GUWAHATI-22 (ASSAM)

PIN CODE-781022

6:THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES

GOVT. OF ASSAM

KHANAPARA

GUWAHATI-22 (ASSAM)

PIN CODE-781022

7:THE ASSTT REGISTRAR OF CO-OPERATIVE SOCIETIES

GOVT. OF ASSAM

KHANAPARA

GUWAHATI-22 (ASSAM)

PIN CODE-781022

8:BISWAJIT CHAKROBORTY

ZONAL JOINT REGISTRAR OF COOPERATIVE SOCIETIES

GUWAHATI ZONE

GUWAHATI

KHANAPARA

GUWAHATI-22 (ASSAM)

PIN CODE-78102

Linked Case : I.A.(Civil)/702/2024

GIRIN BORAH @ GIRIN BORA

S/O LATE CHENIRAM BORAH

R/O GUWAHATI

HOUSE NO. 46

SAKTIGARH PATH

P.O.-BHANGAGARH

P.S.-DISPUR

DIST-KAMRUP (M)

ASSAM

PIN-781005

VERSUS

THE STATE OF ASSAM AND 7 ORS

REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM

DEPTT. OF CO-OPERATION

DISPUR

GUWAHATI-781006

2:THE UNION CO-OPERATIVE BANK LTD.

REPRESENTED BY THE CHAIRMAN HAVING ITS HEAD OFFICE AT

KANAKLATA PATH

G.S. ROAD

BHANGAGARH

P.O.-BHANGAGARH

P.S.-DISPUR

DIST-KAMRUP (M)

ASSAM

PIN-781005

3:THE MANAGING DIRECTOR IN-CHARGE

THE UNION CO-OPERATIVE BANK LTD

KANAKLATA PATH

G.S. ROAD

BHANGAGARH

P.O.-BHANGAGARH

P.S.-DISPUR

DIST-KAMRUP (M)

ASSAM

PIN-781005

4:THE REGISTRAR OF CO-OPERATIVE SOCIETIES

GOVT. OF ASSAM

KHANAPARA

DEPUTY GENERAL MANAGER (REGION)

GUWAHATI-22 (ASSAM)

PIN CODE-781022

5:THE ADDL. REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)

GOVT. OF ASSAM

KHANAPARA

GUWAHATI-22 (ASSAM)

PIN CODE-781022

6:THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES

GOVT. OF ASSAM

KHANAPARA

GUWAHATI-22 (ASSAM)

PIN CODE-781022

7:THE ASSTT REGISTRAR OF CO-OPERATIVE SOCIETIES

GOVT. OF ASSAM

KHANAPARA

GUWAHATI-22 (ASSAM)

PIN CODE-781022

8:BISWAJIT CHAKROBORTY

ZONAL JOINT REGISTRAR OF COOPERATIVE SOCIETIES

GUWAHATI ZONE

GUWAHATI

KHANAPARA

GUWAHATI-22 (ASSAM)

PIN CODE-781022

For the Petitioner(s) : Mr. A. K. Purkayastha, Advocate For the Respondent(s) : Mr. S. K. Talukdar, SC, Cooperation Deptt.

BEFORE

HON’BLE MR. JUSTICE DEVASHIS BARUAH

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O R D E R

29.07.2026

Heard Mr. A. K. Purkayastha, the learned counsel appearing on behalf of the Petitioner. Mr. S. K. Talukdar, the learned Standing Counsel of the Cooperation Department appears for the Respondent Authorities.

2. The present writ petition has been filed by the Petitioner challenging the inaction on the part of the Respondent

Authorities, more particularly the Respondent No.8 in not considering the representation submitted by the Petitioner on 09.10.2023.

3. Mr. A. K. Purkayastha, the learned counsel appearing on behalf of the Petitioner submitted that in pursuance to the order dated 27.09.2023 passed in WP(C) No.3178/2022, the representation dated 09.10.2023 was submitted before the Respondent No.8, who was the One Man Committee, and the said representation has not been taken into consideration.

4. This Court has duly taken note of that the Respondent No.8 was only a One Man Committee whose role in terms of Section 41(6) of the Assam Cooperative Societies Act, 2007 is only to hold the elections within a period of 90 days. It is therefore the opinion of this Court that the submission of the representation dated 09.10.2023 before the Respondent No.8 cannot be construed as submitting the representation to the Competent Authority. The liberty which was granted to the Petitioner to submit the representation ought to have been before the Registrar of the Cooperative Societies.

5. Mr. A. K. Purkayastha, the learned counsel appearing on behalf of the Petitioner submitted that in that view of the matter, the Petitioner would not like to further pursue the instant proceedings and be granted the liberty to submit the representation before the Registrar of Cooperative Societies and in the circumstance such representation is submitted, the Registrar, Cooperative Societies should consider the same and pass orders within a time frame.

6. Taking into account the above, the instant writ petition therefore stands closed on withdrawal.

7. The withdrawal of the instant writ petition shall not preclude the Petitioner to submit a fresh representation before the Registrar of the Cooperative Societies placing the grievances of the Petitioner.

8. It is further observed that in the circumstance such representation is submitted, the Registrar of the Cooperative Society shall duly consider the same within the ambit of the Assam Cooperative Societies Act, 2007 and the Rules framed thereinunder.

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