Usha Rani Debnath And 2 Ors vs State Of Assam And 15 Ors

Heard Dr. B. Ahmed, learned counsel for the petitioners, Ms. M. Bhattacharjee, learned counsel appearing for the respondent Nos. 4 and 5, Mr.

AM Barbhuiya, learned counsel for the respondent Nos. 9 to 16 and Mr. AK Dutta, learned counsel appearing for the respondent No.2. None appears

for the respondent Co-operative department although it is stated that a standing counsel has been appointed.

This writ petition is instituted by three persons namely Usha Rani Debnath, aged about 76 years, Abdul Matin Laskar, aged about 81 years and

Dakshina Ranjan Chanda, aged about 60 years. All the three petitioners are members of the Board of Directors of Batirkuka Samabai Samittee

Limited in the Hailakandi district. Under the Assam Co Operative Societies Act, 2007, the present Board of Directors were elected in the Annual

General Meeting of the Co-operative Society, which was held on 15.03.2020 and the same was approved by the in-charge Assistant Registrar of Co-

operative Societies, Hailakandi on 19.03.2020. Accordingly, the elected members of the Board of Directors are required to hold their first meeting.

The petitioners are aggrieved to the extent that the petitioner No.1 Usha Rani Debnath is aged about 76 years and the petitioner No.2 Abdul Matin

Laskar is aged about 81 years and as they are above 65 years of age, they are entitled to a protection under the guidelines of the Central Government

dated 30.05.2020, which requires that persons above 65 years of age with co-morbidities, amongst others, are advised to stay at home except for

essential and health purposes due to the pending Covid-19 pandemic situation. As they are above 65 years of age, it is the grievance of the petitioners

that they would be unable to attend the first meeting of the Board of Directors and therefore, the notice dated 03.06.2020 of the Secretary of

Batirkuka Samabai Samittee Limited, whereby the first meeting of the Samabay Samity was convened on 11.06.2020 be set aside.

The only legal right espoused by the writ petitioners appears to be that they are above 65 years of age and therefore, the notice convening the first

meeting be set aside. True, as per the guidelines of the Central Government dated 30.05.2020, the people above 65 years are advised to stay at home,

but it cannot be accepted that merely because they are advised to stay at home, a legal right would accrue in favour of all such persons above 65

years of age that wherever they are required to participate in any activity under any law, such activities would have to be interfered with. It is an

accepted position in the Country at present that all vital requirements are being proceeded with the method of video-conferencing. We do not

understand as to why the petitioner Nos. 1 and 2 cannot participate in the first meeting of the Board of Directors by adopting the video conferencing

method.

Dr. B. Ahmed, learned counsel for the petitioners raises an apprehension that there may be a requirement to hold a secret ballot election in such

meeting and therefore, the presence of the petitioners No.1 and 2 are required.

We are of the view even that even that problem can be taken care of by allowing any secret voting to take place and the view expressed in the

secret voting of the petitioner Nos. 1 and 2 can be expressed in a piece of paper and handed over to the appropriate official of the Co-operation

Department, who shall take it forward to the meeting of the Board of Directors for assimilating the view of the members, who are above 65 years of

age and do the needful as if the voting was done in the meeting itself. For providing the secrecy, the result of the voting of the members above 65

years be put up in a sealed envelope and handed over the officials of the Co-operation department, who shall provide it to the other members of the

Board of Directors, who are holding the meeting elsewhere and the said envelope be placed before the authority who would be dealing with the secret

votes in the said meeting.

As because of the above, we are of the view that the Secretary of the Batirkuka Samabai Samittee Limited of Hailakandi may issue a fresh notice

convening the first meeting of the Board of Directors, notifying all the members of the Board of Directors and whosoever desires may attend the

meeting through the method of video conferencing. For the purpose all required facilities and cooperation be provided by the Co Operation

Department to hold the meeting successfully through the method of video conferencing. It is provided that the Assistant Registrar of Co Operative

Societies, Hailakandi shall be the Nodal Officer for holding of the first meeting of the Board of Directors of the Co Operative Society concerned and

in order to facilitate between the persons participating in the meeting through the video conferencing method and the other members, a particular

official be designated by the Assistant Registrar of Co Operative Societies for the purpose and the designated official shall be responsible for bringing

the secret voting of the members, who may participate through the video conferencing and bring it to the place where the Board of Directors are

otherwise meeting. It is expected that the Secretary of Batirkuka Samabai Samittee Limited will act as per the requirement of law in terms of the

order.

Interim order passed earlier stands vacated.

The writ petition stands disposed of in the above terms.