WP(C) 6832/2010 BEFORE HON’BLE MR JUSTICE B P KATAKEY Nilokhia Gaon-panchayat Bahumukhi Mahila Samabai Samiti Ltd, a society registere d under the provisions of the Assam Cooperative Societies Act 1949, by the prese nt petition, has challenged the notice dated 10th December 2010 issued by its Ex ecutive Officer fixing 2.1.2010 as the date for holding annual general meeting f or electing the office-bearers of the managing committee, appointment of secreta ry, internal-auditor and consideration of balance-sheet. Grounds on which the said notice is challenged are that pursuant to an e arlier notice dated 13th May 2010 issued by the Secretary of the society, a gene ral meeting was held on 29.5.2010, where the petitioner was elected as chairman apart from the vice-chairman and other members. The said proceeding was approved by the Assistant Registrar of Cooperative Societies, on 17th June 2010. The pet itioner, therefore, contends that the election having been held, such elected bo dy will continue for a period of three years, under the provisions of Assam Coo perative Societies Act 1949, and hence there could not have been another electio n before expiry of such period of three years as sought to be done by issuing th e impugned notice dated 10th December 2010. I have heard Mr MU Mondal, learned counsel for the petitioner and Mr J H andique, learned state counsel appearing for the respondent nos.1 to 5. Also hea rd Mr R. Islam, learned counsel for the respondent no.6 and Mr AB Choudhury, lea rned senior counsel appearing for the respondent no.7. It is contended by learned counsel for the petitioner that since the off ice bearers of the society were elected for a period of 3 years at the annual ge neral meeting held on 29.5.2010 and the proceeding of meeting was approved by th e Assistant Registrar, there could not have been another annual general meeting for electing the office-bearers of the society as sought to be done by issuing t he impugned notice dated 10.12.2010 which, learned counsel submits, be set aside and the executive body elected at the meeting held on 29.5.2010 be allowed to c ontinue to manage the affairs of the society for a period of three years from th e date of its formation. Learned counsel for the respondent no.6 submitted that since there was n o item in the agenda of the annual general meeting held on 29.5.2010 for electin g the office-bearers as well as the appointment of Secretary of the society, the re could not have been any election of office bearers and as such the approval a ccorded by the Assistant Registrar to the proceeding of the said meeting is pate ntly illegal. It is also submitted that the Executive Officer, therefore, had ri ghtly issued the notice dated 10th December 2010 for holding the annual general meeting on 2.1.2010 for the said purpose. Learned counsel for the respondent no.7, on the other hand, submitted th at since the election was held on 29.5.2011 and a resolution appointing the peti tioner as Secretary of the society was adopted and the proceeding was approved b y the Assistant Registrar, there could not have been another election for electi ng office-bearers and appointment of the Secretary as sought to be done by the i mpugned notice dated 10th December 2010. Learned state counsel submitted that it is apparent from the notice date d 13th May 2010 that there was no agenda item for election of the office-bearers as well as the Secretary of the society and hence the resolution adopted at the annual general meeting held on 29.5.2010 is highly illegal and as such the appr oval accorded by the Assistant Registrar is illegal. Learned state counsel submi ts that keeping in view the aforesaid position, the Executive Officer had rightl y issued the notice dated 10th December 2010 for holding the annual general meet ing fixing 2.1.10 for that purpose. It appears from the notice dated 13th May 2010 issued by the Secretary o f the society fixing 29.5.2010 for holding the annual general meeting that such meeting was called for to transact the following agenda item: 1) Recitation of the proceedings of previous year’s general meeting and discussion thereon. 2) Recitation and acceptance of the report of the Executive Committ ee. 3) Discussion on provisional balance-sheet and its approval. 4) Fixation of optimum limit of loan the Samiti as well as its memb ers can avail of during the year 2010-2011. 5) Discussion on the budget(2010-2011) and its approval. 6) Appointment of internal auditor and fixation his remuneration. 7) Miscellaneous. In the annual general meeting held on 29.5.2010, the society, however, had elect ed new office-bearers and appointed respondent no.7 as the Secretary, though the re were no agenda items in the notice dated 13th May 2011. Under the Cooperative Societies Act, 1949 and the rules framed there under and also the registered by e-laws of the society, the society has to issue a notice for holding the electio n. It also appears that the matter relating to appointment of Secretary was not an agenda item in the notice dated 13th May 2010 and hence any resolution adopte d by the society at the proceeding dated 29th May 2010, in respect of election a nd appointment cannot be treated as legal and valid and so also the approval of the Assistant Registrar. The Executive Officer of the society, keeping in view the aforesaid posi tion, issued the impugned notice dated 10th December 2010 fixing 2.1.2010 for ho lding annual general meeting to transact the business of constitution of managin g committee, appointment of the Secretary and consideration of the balance-sheet for the year 2009-2010 which were not in the agenda of the earlier notice dated 13.5.2010. That being the position, there was no illegality in issuing the notice d ated 10th December 2010. However, since the date fixed by the said notice has al ready expired and there has been an interim order operating, I direct the Execut ive Officer of the society to immediately notify the date for holding annual gen eral meeting for the purpose of election of the office bearers of the managing c ommittee, apart from the appointment of Secretary and acceptance of audited-acco unts and the balance-sheet. In doing so, the notice period required to be given under the registered bye-laws shall be kept in mind. Said exercise is directed t o be completed within a period of 45 days from today. The writ petition is, therefore, disposed of with the above observation and direction. No costs.