WP(C) 4348/2009 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Borah, the learned counsel for the petitioner, Mrs. H.M. Phuka n, the learned State counsel appearing for the respondent Nos.1 to 5 and Mr. Ali , the learned counsel appearing for the newly impleaded respondent No.6. The petitioner by the present petition has challenged the order dated 04 .09.2009 passed by the Joint Registrar of Cooperative Societies, Guwahati Zone, appointing Shri Ashok Kumar Das, Senior Inspector of Cooperative Societies, Barp eta as one man ad-hoc committee to manage affairs and to perform the functions o f the managing committee of the Dakshin Bagaribari GPSS Ltd. till new managing c ommittee of the said Society is elected or formed as per the provisions of the A ssam Cooperative Societies Act and Rules as well as bye-laws of the Society and directing the said one man ad-hoc committee to hold the annual general meeting w ithin 90 days from the date of issue of such order, in view of dissolution of th e elected managing committee by operation of the provisions contained in Section 32(4) of the said Act. Mr. Borah, the learned counsel for the petitioner has submitted that sin ce the Society in its annual general meeting dated 24.12.2006 elected the new ma naging committee, the term of the said managing committee will expire on 09.01.2 010 i.e. on completion of 3 years from the period of holding of the first meetin g of the elected body and therefore the Joint Registrar of Cooperative Societies cannot pass the order of appointing an ad-hoc committee to manage the affairs o f the society by treating that the said elected body stands automatically dissol ved by virtue of the provisions of Section 32(4) of the Act. Mrs. Phukan, the learned State counsel par contra supporting the order d ated 04.09.2009 passed by the Joint Registrar of Cooperative Societies has submi tted that though the election to the office bearers of the managing committee he ld on 24.12.2006 in the annual general meeting of the Society, the elected body did not held the annual general meeting for the cooperative year 2009-2010 and a s such the elected body stands dissolved by virtue of the provisions contained i n Section 32(4) of the Act, which necessitated the issuance of the impugned orde r dated 04.09.2009 appointing the one man ad-hoc committee to manage the affairs of the said Society and to hold election. Mr. Ali, the learned counsel appearing for the respondent No.6 has submi tted that after taking over the charge by the Senior Inspector of Cooperative So cieties pursuant to the order dated 04.09.2009 the said one man ad-hoc committee had issued the notice dated 12.11.2009 for holding the annual general meeting o f the Society on 02.12.2009, but the election process has been kept in abeyance in view of the pendency of the present proceeding. It is not in dispute that the elected body of the said Cooperative Socie ty, though is required to hold the annual general meeting within 60 days from th e date of expiry of the preceding cooperative year i.e. within the last day of M ay of each year, no such annual general meeting was held for the cooperative yea r 2009-2010. It is not the case of the petitioner that any order extending the t ime for holding such annual general meeting has been passed by the authority. Sub-section (4) of Section 32 of the Act provides that if any society fa ils to hold the meeting within the period of 60 days mentioned in sub-section (2 ) or when an application is made for extension under the proviso to sub-section (2), within the period so extended or when no extensions is granted, before the expiry of 2 days from the date on which the order rejecting the application for extension is communicated, the Administrative Council and/or the Managing Body o f the society shall stand dissolved from the date of expiry of the said period. As noticed above, it is not in dispute that for the cooperative year 200 9-2010 the annual general meeting was to be held by 30.05.2009, which the electe d body has failed to do. In the absence of the order extending the period for ho lding such annual general meeting, the elected body stands dissolved on the expi ry of 60 days i.e. on 30.05.2009. The Zonal Joint Registrar, therefore, has pass ed the impugned order dated 04.09.2009 appointing the one man ad-hoc committee. In view of the above, no illegality has been committed by the Zonal Join t Registrar in passing the order dated 04.09.2009. However, the Cooperative Soci eties cannot be allowed to be managed on an ad-hoc basis and the election under the provisions of the Act has to be held. Since the Society in its meeting dated 17.11.2009, in view of the pendency of the present proceeding, has decided not to proceed with the election process though the annual general meeting was sched uled to be held on 02.12.2009, the one man ad-hoc committee which is presently m anaging the affairs of the said Society is directed to initiate the process for holding the annual general meeting of the said Society for the purpose of electi on of the new office bearers and complete the said process by 24.12.2009. The Registrar of Cooperative Societies is directed to ensure smooth cond uct of the annual general meeting/election of the said Society within the afores aid period of time. The writ petition is accordingly disposed of. No cost.