WP(C) 4797/2008 BEFORE THE HON’BLE MR JUSTICE B. K. SHARMA Heard Mr. B. Sinha, learned counsel for the petitioners as well as Ms. R. Chakraborty, learned Additional Senior Government Advocate, Assam. The petitioners are stated to be the shareholders of Rangpur Sam abai Samittee Ltd., Kattlichara. They are aggrieved by the decision of the soci ety to hold the AGM/Election on 30-11-2008. Mr. Sinha, learned counsel for the petitioner submits that the last date fixed for submission of nomination papers is tomorrow, i.e. on 20-11-2008. As per the notice, all the deserving shareholde rs are entitled to take part in the election/AGM. In this connection Clause-22 of the Bye Laws has been referred to in the notice. The notice further provides that the shareholders, who are defaulters in the society or in any other society , are not entitled to take part in the election and the AGM. Further any member involved in the business of the society or members of such family having some h olding are also not entitled to contest the election. According to the petitioners, their names are not in the voter l ist although they are genuine shareholders and thus voters. It is not the case of the petitioners that they do not come within the purview of anyone of the con ditions laid down in the notice on account of which the shareholders or the memb ers are not entitled to take part in the election. Further although the Annexur e-E notice was issued on 02-11-2008 fixing the last date of submission of nomina tion paper as 20-11-2008, the petitioners have approached this Court by filing t he instant writ petition on 15-11-2008. Once the election process is on, merely on the basis of the allegation made by the petitioners that the election is goin g to be held on the basis of the incorrect voter list, the election and the AGM cannot be stalled. In view of the above, I do not find any merit in the writ petiti on and accordingly, it is dismissed. However, it is provided that if the petitioners are entitled to take part in the AGM/Election in accordance with the law and the Bye Laws of the society they may do so. The Impugned notice itself provides for such participa tion.