WP(C) 5105/2009 BEFORE HON’BLE MR. JUSTICE H.N. SARMA Heard Mr. D. Saikia, learned counsel for the petitioner. Also heard Ms. H. Phuka n, learned State Counsel for respondent Nos. 1 to 5 and the learned counsel appe aring on behalf of respondent Nos.6 to 12. Subject matter of challenge in this writ petition is the order dated 26/10/09 by which the Registrar of Co-operative Societies, Assam constituted an Ad-hoc Comm ittee of the Pakojara Meen Silpas Samabai Samittee in exercise of power conferre d under Section 32(5) of the Assam Co-operative Societies Act, 1949, and the sai d order has been passed on the ground that earlier Ad-hoc body constituted on 3/ 7/09 did not take necessary steps for holding Annual General Meeting (for short, ’AGM’) and election of the society within the period of 90 days as directed. However, vide order dated 23/10/09, the Zonal Joint Registrar of the Co-operativ e Societies appointed One Man Ad-hoc Committee under Section 32(5) of the Act by appointing Sri Suramoni Sarma, Senior Inspector/Auditor of Co-operative Societi es, Jorhat Zone to perform the functions of the Managing Committee including the preparation of the voter-list and holding of AGM and election within 90 days. The impugned order dated 26/10/09 also disclose that if any order already issued by the Zonal Joint Registrar of the Co-operative Societies, Jorhat appointing A d-hoc Committee or One Man Ad-hoc Committee was stayed, which indicates the orde r of appointment of Sri Suramoni Sarma, dated 23/10/09. As the appointment of Senior-in-Charge of the Co-operative Societies was suspend ed, this Court while issuing notice vide interim order dated 23/11/09, the order dated 26/10/09 was kept in abeyance and the affairs of the society was directed to manage by the Sr. Inspector/Auditor of Co-operative Societies pursuant to th e order dated 23/10/09. The aforesaid One Man Ad-hoc Committee having been directed to hold the AGM and election of the society in question within 90 days, there is one month time left to hold the AGM and conduct the election of the society in terms of order dated 23/10/09. As the learned counsels appearing for both the parties are interested in holding the AGM and election of the society and they have no grievance as regards which officer is to hold the election. In view of the aforesaid submission and in view of the scope and spirit of Secti on 32(5) of the Act, this writ petition stands disposed of directing the Senior Inspector/Auditor of the Co-operative Societies, Sri Suramoni Sarma, to hold the AGM and election of the society in question within the period of 90 days as fix ed in the order dated 23/10/09 positively. It shall be the responsibility of the respondent Nos. 2 and 5 to see whether the AGM and election of the society is h eld within the period as mentioned in the order dated 23/10/09 in accordance wit h the provisions of the Rules and Bye-Laws of the society. With the aforesaid observation and direction, this writ petition is finally disp osed of. The interim order dated 23/11/09 shall stand merged with this order.