WP(C) 4288/2009 BEFORE HON’BLE MR JUSTICE HN SARMA Heard Mrs. SK Nargis, learned counsel for the petitioner. Also heard Mrs. HM Phu kan, learned Jr. Govt. counsel appearing for the official respondents and Mr. H. Rahman, learned counsel for the respondent No.5. The subject matter of challenge in this writ petition is the notice date d 18.9.09 issued the Secretary of the Pub-Uttar Khola Tetelia Samabai Co-opera tive Society fixing holding of the Annual General Meeting as well as election o f the society for the period 2009-10 to 2011-12 fixing 8.10.09 as per schedule mentioned in the said notification. The petitioner is alleged to have been share holder of the aforesaid society and without challenging the notification as reg ards holding of the election on the ground that the AGM and the Election is prop osed to be hold without preparing the correct voters list. By filing the Misc. case No. 2717/09 by the respondent No.5 who is the existing Chairman of the society has stated that the voter list has been up dated and t he copies of the voter list has been annexed with the application. On the prayer of the petitioner the holding of the Election of the society was s uspended vide interim order dated 1.10.09. Holding of Annual General Meeting/ el ection of the society is the statutory requirement under Section 32 of the Co-op erative Societies Act. It appears that the society is being run without the elec ted members of the managing committed and the last AGM was held in the year 200 5 and the term of the last elected committee expired in May, 2009. The Annual G eneral Meeting is essential for effective and proper function of the society an d in the absence of the elected members the very purpose of the society will be jeopardized inasmuch as certain essential function cannot be pursued without dec ision of the AGM of the Co-operative Society and that is the present situation o f the society. In view of the averments made by the respondent No.5 in the Misc. Case to the ef fect that the correct voter list has been prepared, I do not find any reason to continue this writ petition any more pending stalling the process of holding o f the AGM of the Society. Accordingly, this writ petition stands disposed of wi th the direction that the respondent authorities more particularly, the responde nt No.5 shall hold the AGM/Election of the society within a period of three week s from the date of receipt of this order. It shall be the responsibility of the respondent No.2 and 3 to see that the order is effectively implemented to hold t he AGM/Election as per provision vis-à-vis Rules and bye-laws. The interim order dated 1.10.09 stands vacated. It is made clear that after holding of the AGM/Election if the writ petitioners feel that they are aggrieved, they may approach the Registrar of Co-operative So ciety or any other appropriate authority for seeking necessary relief, if so adv ised. This disposes of the writ petition.