WP(C) 6397/2010 BEFORE HON’BLE MR JUSTICE B.P. KATAKEY Heard Mr. Rajborbhuiyan, learned counsel for the petitioners as well as Mr. Chakravorty, learned counsel appearing for the respondent Nos. 5 and 6. Also heard Mr. Soren, learned State counsel appearing for the respondent Nos. 1, 2, 3 and 4. The petitioners, by the present petition, have challenged the notice dat ed 20.11.2010 issued by the Secretary of Gumra Samabai Samity, a society registe red under the provision of Assam Co-operative Societies Act, 1949, fixing 5.12.2 010 as the date for holding the annual general meeting of the said society, for the year 2010-2011. It has been submitted by Mr. Rajborbhuiyan, learned counsel for the peti tioners that since the correct voters list has not been prepared by the authorit y concerned no annual general meeting of the society could be held as notified b y the aforesaid notice dated 20.11.2010. The learned counsel, therefore, submits that the notice dated 20.11.2010 be set aside and the respondents may be directed to hold the annual general mee ting after correction of the voters list of members of the society. Mr. Soren, learned State counsel appearing for the respondent Nos. 5 and 6 placing reliance on the affidavit-in-opposition filed has submitted that the draft electoral list of the members was prepared on 1.10.2010 which was approved by the Society in its meeting held on 3.11.2010 and thereafter was published on 20.11.2010. According to the learned counsel, the said voters list as published is the correct voters list and does not contain the names of any person who is not a member or the names of any dead man. The learned counsel, therefore, subm its that the Society in question may be allowed to hold the annual general meeti ng by issuing fresh notice, as, because of the interim order passed by this Cour t, no meeting could be held on 5.12.2010 pursuant to the notice dated 20.11.2010 . The petitioners along with the writ petition has enclosed the list of tw enty nine persons who are stated to be dead but their names according to the pet itioners were included in the voters list. In para 5 of the affidavit-in-opposition filed by the respondent Nos. 5 and 6 it has been categorically stated that the names of those persons were dele ted from the list of voters and the names of their heirs who are the members of the Society are included in their place. It has also been stated in the affidavi t that the correct voters list has been prepared and published on 20.11.2010 aft er its approval by the Society in its meeting dated 3.11.2010. Since the voters list has already been published there is no impediment on the part of the respondents to hold the annual general meeting after giving n otice as required under the provisions of the Co-operative Societies Act, 1949 a nd the Rules framed thereunder as well as the bylaws of the Society. The annual general meeting of the Society shall be held within 45 days from today. In case the petitioners have any grievance against the resolution that may be adopted in such annual general meeting it is open to them to approach the authority in tha t regard. The writ petition is accordingly disposed of. No cost.