WP(C) 1352/2011 BEFORE THE HON’BLE MRS. JUSTICE ANIMA HAZARIKA Heard Mr. I Choudhury, learned counsel appearing for the petitioner. Als o heard Mr. BJ Talukdar, learned State counsel appearing for respondent Nos.1 to 4, Mr. TJ Mahanta, learned counsel appearing for respondent No.7 and Mr. DA Kai yum, learned counsel appearing for newly impleaded respondent Nos.8 and 9. 2. Considering the matter in its entirety and as agreed to by the learned c ounsel appearing for the parties, this writ petition is being disposed of at the motion stage itself. 3. To set at rest the litigation finally between the shareholders of Patama ri Samabai Samity Ltd. Newghat, Dhubri and the office bearers relating to the af fairs of the Samity and/or conducting of the Annual General Meeting, the Court took up the writ petition for final disposal. 4. In order to determine the lis between the parties a reference of orders passed in earlier writ petitions would be necessary whereby and whereunder this Court while disposing the writ petition being WP(C) No. 3037/2010 (Mofazzol Hoqu e @ Mofazzal Haque Sarkar -vs- State of Assam & Ors.) vide its order dated 28.5. 2010 directed the Registrar of Cooperative Societies to conduct the election of the Samity under the supervision of a senior officer not below the rank of Dep uty Registrar of Cooperative Societies with an appropriate corrected voter list. In another writ petition being WP(C) No.3589/2010 (Md. Hanif Ali Mandal -vs- St ate of Assam & Ors.) passed an order dated 23.06.2010 whereby this Court, in the interim, directed that the respondent Nos. 4 to 6 shall not be allowed to parti cipate in the forthcoming election pertaining to the particular Samabai Samity ( respondent No. 4 in the above writ petition is respondent No. 5 in the instant w rit petition). The other writ petition being WP(C) No. 6314/2010 (Rajak Ali & Or s. -vs- State of Assam & Ors.), wherein the Court directed the one man ad-hoc co mmittee to hold the annual general meeting of the society, i.e. Patamari Samabai Samity Ltd. on or before 28.02.2011, keeping in mind the order passed on 28.05. 2010 in WP(C) No.3037/2010 directed that the entire process of election should be held under the supervision of the official not below the rank of Deputy Re gistrar of Cooperative Societies and accordingly disposed of the writ petition. 5. In the above background the voter list of the members of the Patamari Sa mabai Samity was prepared by the then Executive Officer and Secretary of the Soc iety incorporating names of altogether 3814 shareholders which was approved by t he Society on 24.01.2011 and forwarded for approval to the Assistant Registrar o f Cooperative Societies (’ARCS’ for short), Dhubri on 25.1.2011 which is awaite d for approval. However, the ARCS, Dhubri, has asked the Executive Officer/Secre tary of the Society to provide correct voter list of the Society vide communicat ion dated 24.02.2011, though the voter list was submitted on 25.01.2011 for appr oval. But on the basis of the aforesaid communication dated 24.02.2011, the soci ety submitted a fresh voter list on 22.02.2011 wherein names of altogether 1201 numbers of voters have been deleted. The voter list subsequently submitted on 22 .02.2011 got the approval from the ARCS on 25.02.2011 and accordingly, a notice dated 19.02.2011 was issued informing the members/shareholders of Patamari S.S. Ltd. that the Annual General Meeting/Election of the said Society would be held on 10.03.2011 which is under challenge in the instant writ proceeding. 6. Challenging the above action of the respondents, Mr. Choudhury, learned counsel appearing for the petitioner would urge the following points; a) The voter list was prepared which was approved by the Society on 24.01.2011 a nd sent the same for approval to the Assistant Registrar of Cooperative Societ ies, Dhubri on 25.01.2011 which has not been approved for the reasons best kno wn to the authority, but sought for fresh voter list on 24.02.2011 by the ARCS, Dhubri and the subsequent approval of the same on 25.02.2011 of the voter list prepared on 22.02.2011 is arbitrary, illegal and the AGM/Election cannot be hel d on the basis of the subsequent voter list prepared on 22.02.2011; b) A reading of the notice dated 19.02.2011 and the facts stated hereinabove wou ld disclose that the notice of Election scheduled to be held on 10.03.2011 on th e basis of approval accorded on 25.02.2011 after the notice was issued on 19.02. 2011 cannot be held when the voter list prepared on 22.02.2011 and approved on 2 5.02.2011 was subsequent to the notice dated 19.02.2011 and would urge that when the voter list was not approved prior to 19.02.2011, the election scheduled to be held on 10.03.2011 cannot be acted upon and on this ground alone the writ pet ition deserves to be allowed. 7. Countering the attack, Mr. Mahanta, learned counsel appearing for respon dent No.7 would urge that the petitioners being not members/shareholders of the society have no locus to agitate the matter before the Court and on this ground alone the writ petition deserves to be dismissed. 8. In the case in hand, an application was filed for impleadment of one Aza har Ali and Jahidur Islam as party respondent Nos.8 and 9 which was allowed. Mr. Kaiyum, learned counsel appearing for respondent Nos. 8 and 9 supported the cas e of the other respondents in the writ petition questioning the voter list prepa red on 24.01.2011 wherein the names of 1195 illegal members were included, which was not approved by the ARCS, Dhubri and the Election/AGM scheduled to be held on 10.03.2011 need not require to be interfered with in the facts and circumstan ces of the case. 9. Considered the submissions made by the contesting parties. Perused the p leadings of the parties. Without going into the controversy raised, the Court ha s found that there are two voter lists prepared; one on 24.01.2011 which has not been approved by ARCS and the other on 22.02.2011 which was approved on 25.02.2 011. The notice dated 19.02.2011 when issued fixing the date of AGM/Election on 10.03.2011 there was no voter list prepared and approved by the respondent autho rity and on this ground alone the writ petition deserves to be allowed, which the Court is inclined to do. 10. Considering the matter in its entirety, this Court has not option, but t o set aside and quash the impugned notice dated 19.2.2011 issued by the Secretar y, Patamari Samabai Samity Ltd., Newghat, Dhubri fixing 10.3.2011 as the date fo r election. The Executive Officer, Patamari Samabai Samity Ltd., Newghat, Dhubri is directed to incorporate all the names of the shareholders of the Samity in t he voter list within a period of 15 (fifteen) days from today, wherefor the vote r list so prepared should be accorded approval by the Assistant Registrar of Co- operative Society, Dhubri in accordance with law and thereafter, the notice may be issued to hold the Annual General Meeting within a period of 15 (fifteen) day s. 11. With the aforesaid directions, this writ petition is disposed of. No cos ts.