WP(C) 3510/2010 BEFORE HON’BLE MR. JUSTICE B K SHARMA In both the writ petitions the prayer made is for setting aside and quas hing of the letter dated 26.05.2010 by which, the respective Societies have been directed to hold the Annual General Meeting (in short AGM)/Election within 29.0 6.2010. According to the petitioner’s Societies, the AGM/Election is not possibl e to be held within 29.06.2010 inasmuch as, the correct voters list is yet to be prepared. Another ground assigned is that the Gaonburah of the villages could n ot cooperate with the Managing Committee of the Societies due to ongoing census work and thus, the required formalities to be observed for holding of AGM/Electi on is not possible to be so observed on or before 29.04.2010. From the materials on record it appears that considering the prayer so m ade by the petitioners both the Societies were granted extension of time for 30 days w.e.f. 31.05.2010 vide Annexure-3, order dated 03.05.2010. The petitioner’s Societies accepted such extension of time without any reservation and protest a nd just at the eve of the expiry of the extension period of one month submitted further representation on 03.06.2010 to the Government of Assam in the Cooperati on Department praying for further time to hold the AGM/Election. The learned State Counsel, Assam was requested to obtain instruction in the matter which, she has obtained vide letter dated 21.06.2010. As per the said written instruction, the petitioners did not take any step for correction of Sh areholders list required for AGM over last one year and even after getting exten sion of 30 days time. It has been contended in the letter dated 21.06.2010 that by delaying AGM the democratic right of the Shareholders cannot be frustrated. T he letter also reveals that number of complains have been received regarding the management of the petitioner’s Society and the Shareholders have demanded immed iate holding of AGM. Alongwith the said letter comments have also furnished in respect of the writ petitions. As per provision of Rule 36(11) of the Assam Cooperative Societ ies Rule 1953, it is the duty of the Managing committee to convene AGM in due ti me and as per provision of Bye-law 15(3) of GPSS, Managing committee of a GPSS s hall prepare and publish the Shareholders list (Voters list) 30 days before the AGM. In the instant case, the petitioners did not do anything in this regard and now have filed the instant writ petitions praying for extension of further time . As regards the engagement of Gaonburahs in census work and thereby the correct ion of voters list of the Society has been hampered, it has been stated that Gao nburahs are not authorised to issue death certificate and thus, the pre-occupati on of Gaonburahs in ongoing census duty cannot be a ground for extension of time for correction of voters list. The respondents have also cited the example of D akhin Jogijan SS Ltd., which Society was also provided with extension of one mon th time stating that the said Society is going to hold AGM on 28.06.2010 after m aking necessary correction of voters list in similar condition like that of the petitioners. In view of the above and having regard to the fact that the AGM/Election s are required to be held within the stipulated period of time and also the fact that the petitioners have already been provided with one month extension of tim e, I am of the considered opinion that the petitioners should hold the AGM/Elect ion as scheduled on 29.06.2010. Consequently, the writ petitions are dismissed. It is expected that the petitioner’s Societies will take all steps for h olding of AGM/Elections within the stipulated period i.e. 29.06.2010 failing whi ch, law will take its own course.