WP(C) 5717/2011 BEFORE HON’BLE MR. JUSTICE A.K. GOSWAMI Heard Mr. A. Sharif, learned counsel for the petitioner. Also heard Mr. R.K. Bor a, learned State counsel appearing for respondent Nos. 1 to 5. The Registrar Co-operative Societies, Assam, on 21/6/2011, on the basis of a com plaint petition filed by one Md. Taltim Uddin and 6 other share holders of Gaga lmar SS Ltd, Morigaon, for short, society, alleging mismanagement and mal-practi ce by the Chaiman of the Society, Md. Abdul Mazid, who is arrayed as respondent No.6 in the present proceeding, had passed the following orders : After hearing all concerned and going through all connected/relevant records i t has been observed that Sri Md. Abdul Mazid has failed to discharge his duties as the Chairman of Pagalmari SS Ltd as per the provision of the Assam Co-operati ve Society Act Rules and the bye-laws and that his functioning has been quite co ntrary to the interest of the general share holder who elected him as the Chairm an. In my opinion, which has been gathered on consideration of the matter in its entirety, his continuation as the Chairman of Gagalmari SS Ltd will be detrimen tal to the interest of the share holder in particular and the Coop; movement in general. In the light of above, I Sri S.K. Nath, I.A.S, Registrar of Coop;Societies, Assa m do hereby refer the matter to the Govt. of Assam for taking action against Sri Abdul Mazid, the Chairman of Gagalmari SS Ltd as authorised under Section 39(B) of the Assam Coop:Societies Act. Matter is disposed of accordingly. The writ petition is filed with the allegation that notwithstanding the aforesai d order of the Registrar of Cooperative Societies, the State respondents were si tting over the matter and are trying to sweep the matter under the carpet on pol itical considerations, thereby jeopardising the lawful interest of the share hol ders, BPL card holder and other beneficiaries. By order dated 16/2/2011, this Court wanted to know as to what decision had been taken by the Government on the basis of the order dated 21/6/2011. Today, Mr. Bora has produced a letter dated 14/12/2011, issued by the Deputy Sec retary to the Govt. of Assam to respondent No.6 whereby a show cause notice was issued under provisions of Section 39 (b) of the Assam Co-operative Society Act ,1949 and Rules 35 and 36 of the Act. By the said notice, the respondent No.6 h as been asked to show cause within a period 15 days from the date of issue of th e letter. No explanation has been forthcoming as to why it took long 5 months for the Coop eration Department to take action in terms of the order of the Registrar, Cooper ative Societies. Only after the matter came to this Court and after the Court ha d wanted to know as to what action had been taken pursuant to the order dated 21 /6/2100, it appears that the notice dated 14/12/2011 has been issued. It is cert ainly not a healthy sign. Mr. A. Sharif, learned counsel for the petitioner submits that in view of the fa ct that a show cause notice has been issued to respondent No.6, he would be sati sfied if only a direction is issued to the respondent authorities to pass approp riate orders within a specified time frame. Mr. Bora, learned State counsel submits that the proceeding can be completed wit hin a period of 70 days from today. In view of the broad consensus arrived by Mr. Sharif and Mr. Bora and the order that is proposed to be passed, this Court is of the considered opinion that no n otice is required to be given to respondent No.6 as he is not in any way going t o be effected. After hearing the learned counsel for the parties, this writ petition is dispose d of with a direction to the Secretary, Department of Cooperation to pass approp riate orders on the show cause notice dated 14/12/2011 after giving due opportun ity to Mf. Abdul Mazid within a period of 70 days from today. With the aforesaid observation and directions, the writ petition stands disposed . A copy of the order dated 14/12/2011 is placed on record of this case.