Gauhati High Court
I.A.(Civil)/1822/2026 of SOUTH BANK MULTIPURPOSE CO OPERATIVE SOCIETY LTD Vs THE UNION OF INDIA on 7 June 2026
GAHC010058992026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1822/2026 SOUTH BANK MULTIPURPOSE CO OPERATIVE SOCIETY LTD REPRESENTED BY ITS SECRETARY NAMELY AKHTAR HUSSAIN AGED ABOUT- 48 YEARS S/O. LATE NEPASHU SHEIKH
GAHC010058992026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1822/2026
SOUTH BANK MULTIPURPOSE CO OPERATIVE SOCIETY LTD
REPRESENTED BY ITS SECRETARY NAMELY AKHTAR HUSSAIN
AGED ABOUT- 48 YEARS
S/O. LATE NEPASHU SHEIKH
VILLAGE DARUA KAWAHAGI
P.O. JHOWDANGA
DIST. SOUTH SALMARA MANKACHAR
ASSAM
PIN783131
VERSUS
THE UNION OF INDIA
REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF FOOD
CIVIL SUPPLIES AND CONSUMER AFFAIRS
SHASTRI BHAWAN
NEW DELHI
PIN-110001
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER TO THE GOVT. OF ASSAM
DEPARTMENT OF FOOD
PUBLIC DISTRIBUTION CONSUMER AFFAIRS
DISPUR
GUWAHATI-781006.
3:THE COMMISSIONER OF FOOD
PUBLIC DISTRIBUTION
CONSUMER AFFAIRS AND LEGAL METROLOGY
ASSAM
ULUBARI
GUWAHATI-07
4:THE DISTRICT COMMISSIONER
SOUTH SALMARA MANKACHAR DISTRICT
ASSAM
P.O. HATSINGIMARI
PIN - 783135
5:THE ADDITIONAL DISTRICT COMMISSIONER
FOOD PUBLIC DISTRIBUTION CONSUMER AFFAIRS
SOUTH SALMARA MANKACHAR
P.O. HATSINGIMARI
ASSAM
PIN - 783135.
6:THE ASSISTANT DIRECTOR OF SUPPLY (IN CHARGE)
FOOD PUBLIC DISTRIBUTION CONSUMER AFFAIRS
ASSAM
DIST.- SOUTH SALMARA MANKACHAR
P.O. HATSINGIMARI
PIN-783135.
7:SHUKCHAR GPSS LTD
REPRESENTED BY ITS SECRETARY NAMELY WALIUL KARIM
S/O. LATE MOHAR ALI SARKAR
R/O. VILLAGE- 228 MAHAMAYA NAGAR
P.O. HATSINGIMARI
P.S. SOUTH SALMARA
DIST. SOUTH SALMARA MANKACHAR
ASSAM
PIN-783135.
8:FEKAMARI GPSS LTD
REPRESENTED BY ITS SECRETARY NAMELY ABDUL RAZZAK
S/. LATE AZAHAR ALI
R/O. VILLAGE- FEKAMARI
P.O. FEKAMARI
DIST. SOUTH SALMARA MANKACHAR
ASSAM
PIN-783135.
9:MANKACHAR GPSS LTD
REPRESENTED BY ITS SECRETARY NAMELY AKTARUL HUSSAIN
S/O. JUL HANNAN
R/O. VILLAGE- 268 CHAMAIBIL THAKURANBARI
P.O. MANKACHAR
DIST. SOUTH SALMARA MANKACHAR
ASSAM
PIN-783135.
10:KALAPANI GPSS LTD
REPRESENTED BY ITS SECRETARY NAMELY GOLAM HUSSAIN ZAKARIA
S/O. LATE ABDUL GOFUR MIAH
R/O. VILLAGE- KALAPANI CHIRAKHOWA
P.O. KALAPANI
DIST. SOUTH SALMARA MANKACHAR
ASSAM
PIN783135
11:SOUTH SALMARA GPSS LTD
REPRESENTED BY ITS SECRETARY NAMELY SOLEMAN HOQUE
S/O. LATE KALIM UDDIN
R/O. VILLAGEPATAKATA
P.O. PATAKATA
DIST. SOUTH SALMARA MANKACHAR
ASSAM
PIN-783127
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Advocate for : MR R ISLAM
Advocate for : GA
ASSAM appearing for THE UNION OF INDIA
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
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ORDER
Date : 08.06.2026 Heard Mr. R. Islam, learned counsel appearing for the applicant. Also heard Ms. R. Devi, learned counsel appearing on behalf of Mr. S.S. Roy, learned Government Counsel appearing for the State respondent. Also heard Mr. R. Talukdar, learned counsel appearing for the respondent Nos. 2 to 6.
2. By way of the present interlocutory application, the applicant seeks substitution of his name in place of the erstwhile Secretary, namely, Ziaur Rahman, of South Bank Multipurpose Co-operative
Society Ltd., in the connected writ petition, WP(C) No. 1670/2026.
3. The records reveal that the petitioner in WP(C) No. 1670/2026, namely, South Bank Multipurpose Co-operative Society Ltd., was represented by its then Secretary, Ziaur Rahman. During the pendency of the writ petition, the said Secretary resigned from his office on account of personal difficulties. Consequently, the Managing Committee of the Society, in its meeting held on 16.04.2026, adopted a resolution appointing the present applicant, Akhtar Hussain, as the In-charge Secretary of the Society for discharging the duties and responsibilities attached to the said office. The said appointment was duly approved by the Assistant Registrar of Co-operative Societies, Hatsingimari, on 17.04.2026. It further appears that, upon cessation of the earlier Secretary from office with effect from 16.04.2026, the Society, by a subsequent resolution dated 20.04.2026, authorised the present applicant to represent and conduct the proceedings in WP(C) No. 1670/2026. The present application has accordingly been filed seeking substitution.
4. Having heard the learned counsel for the parties and upon perusal of the materials placed on record, this Court finds that the erstwhile Secretary, who had represented the petitioner Society, no longer holds the said office and that the present applicant has since been authorised by the Society to represent it in the present proceedings. The prayer for substitution is, therefore, found to be justified and deserves to be allowed.
5. Accordingly, the name of Akhtar Hussain, In-charge Secretary of South Bank Multipurpose Co-operative Society Ltd., shall stand substituted in place of Ziaur Rahman in WP(C) No. 1670/2026.
6. The petitioner shall file an amended cause title before the Registry within a period of one week from today.
7. The interlocutory application stands allowed.
JUDGE Comparing Assistant