WP(C) 4972/2009 BEFORE THE HON’BLE MR JUSTICE B. P. KATAKEY The petitioner by the present petition has challenged the notice dated 2 8.09.2009 issued by the Executive Officer as well as by the Secretary of Morabaz ar Samabay Samittee Ltd. intimating about the proposed completion of the prepara tion of the voters list by 12.10.2009; the notice dated 31.10.2009 issued by the said authorities notifying 15.11.2009 as the date for the general meeting as we ll as the election of the office bearers of the said cooperative society and the voters list and additional voters list allegedly published on 04.11.2009 and 10 .11.2009, respectively. The main grounds of challenge is that though under sub-c lause (3) and (4) of clause 15 of the Bye Laws of the society, the election of t he office bearers of the society is to be held on the basis of the voters list p ublished 30 days before the date fixed for such general meeting and election and no new member can be inducted in the society within the said period of 30 days prior to holding of the meeting for election, the authorities are contemplating to hold the election on 15.11.2009 on the basis of the voters list and additiona l voters list allegedly published on 04.11.2009 and 10.11.2009, respectively, co nsisting of 432 newly inducted members. I have heard Mr. M.K. Choudhury, the learned Sr. counsel for the petitio ner, Mrs. V.L. Singh, the learned State counsel appearing for the respondent Nos .1 to 5 and Mr. Das, the learned counsel appearing for the respondent No.6. It is the contention of the petitioner that though the voters list is re quired to be published 30 days prior to the date fixed for holding the general m eeting and election to the society and within 30 days prior to the date fixed fo r such meeting, no new member can be inducted, the respondent authorities have n otified holding of the annual general meeting on 15.11.2009, on which date the e lection to the office bearers of the society was proposed to be held on the basi s of the voters list and additional voters list published on 04.11.2009 and 10.1 1.2009, respectively, inducting the new members within 30 days prior to 15.11.20 09. According to the petitioner such a course of action is not permissible in vi ew of clause 15(3) and (4) of the Bye Laws of the society. In the affidavit-in-opposition filed by the Assistant Registrar of Coope rative Societies, the contention of the petitioner has been denied and it has be en stated that the voters list was published on 13.10.2009 and there was no indu ction of any new members within 30 days prior to 15.11.2009 i.e. the date fixed for holding the general meeting as well as the election. It has further been sta ted that voters list was published on 13.10.2009. In support of such contention the relevant records are also produced by Mrs. V.L. Singh, the learned State cou nsel. The petitioner though in the writ petition has contended that the voters list and additional voters list were published on 04.11.2009 and 10.11.2009, re spectively, neither such voters lists nor any document supporting such publicati on has been annexed to the writ petition. On the other hand, it appears from the notice dated 28.09.2009 (Annexure-A to the writ petition) that the Executive Of ficer and the Secretary of the society had informed all concerned that the proce ss for the correction of the voters list will be completed by 12.10.2009. The re cords produced by the State respondents, reveal the existence of only one voters list dated 13.10.2009. The said record does not reveal preparation and publicat ion any voters list on 04.11.2009 and 10.11.2009 inducting any new members withi n the period of 30 days prior to 15.11.2009 i.e. the date fixed for holding the general meeting as well as the election of the society. In view of the above, there is no violation of clause 15(3) and (4) of t he Bye Laws of the society. Hence the contention of the petition in that regard cannot be accepted. Therefore, the writ petition being devoid of any merit is di smissed. No cost.