WP(C) 2535/2010 BEFORE HON’BLE MR. JUSTICE H.N. SARMA Heard Mr. IA Hazarika, learned counsel for the petitioners and Ms. H. Phukan, le arned Govt. Advocate for the respondent No.1 to 5 and Mr. AM Mazumdar, learned S enior Counsel, for the private respondents. The subject matter of challenge in this writ petition is the order dated 28/4/10 passed by the Registrar, Cooper ative Societies thereby withdrawing the Additional Registrar of Cooperative Soci eties who was appointed as one man committee of Jarua Bondhana Samabay Samity Lt d. on 1/4/2010 for failure of the management of the society to hold the Annual G eneral Meeting in terms of the provisions of Section 32(3) of the Assam Cooperat ive Societies Act. The Registrar of the Cooperative Societies is required to hold the AGM of the so ciety within the period fixed u/s 32 of the aforesaid Act. Section 32 also prov ides for consequence of not holding such AGM by the management of the society. In the instant case for failure on the part of the managing committee of the soc iety to hold the AGM within the period prescribed by law u/s 32, the society sto od automatically dissolved as per section 32(4) of the Act and one man committee formed with the Sub-Inspector of Cooperative Society was allowed to hold the ch arge of the society and to convene the AGM/election of the society within 90 day s. While the aforesaid officer took charge of the society and stared functioning an d issued notice dated 22/2/10 for holding the AGM/election of the society, all o f a sudden by the impugned order dated 28/4/10 the said officer was withdrawn an d an adhoc-committee instead was formulated u/s 32(5) of the Act to manage the a ffairs of the society by allowing them to hold the AGM within 90 days. It is contended that the one man committee constituted with Sri PK Roy Sarkar, S r. Inspector, Cooperative Societies has been assigned with other duties and his services is required to be dispensed with the society. The aforesaid action of t he Registrar, Cooperative Societies in withdrawal of the said officer, while the said officer, as reflected on the face of the record has in the meantime taken steps for holding the AGM/election by issuing notice and thereafter formation of an adhoc committee does not appear to be a bonafide at all. The steps taken b y the aforesaid one man committee ought to have been allowed to complete as the ballot papers have also been printed out for the election in the meantime. It is contended by the petitioner that the nomination have already been filed by the prospective candidates for the election which was fixed on 25/6/10. Vide interim order dated 3/5/10 the order dated 28/4/10 has been suspended and t he one man committee formed by order dated 1/4/10 was allowed to hold the AGM/el ection in terms of the order dated 1/4/10. Upon consideration of the aforesaid facts situation, this petition is disposed o f with the direction of quashing the order dated 28/4/10 constituting the adhoc committee with the private respondents by the Registrar of Cooperative Societies and further directed that the one man committee formed on 1/4/10 shall contin ue to hold the AGM/election of the society which is fixed on 25/6/10. It shall be the responsibility of the Registrar of the Cooperative Societies as well as t he Assistant Registrar of the Cooperative Societies to comply with this order. Mr. Mazumdar, learned Senior Counsel submits that the officer has already been w ithdrawn. In such event, the Registrar, Cooperative Societies is directed to pu t back the officer to hold the AGM/election of the society. With the aforesaid directions, this writ petition stands allowed to the extent a s indicated above.