WP(C) 395/2008 BEFORE HON’BLE MR JUSTICE H.N. SARMA Heard Mr. H.R.A. Choudhury, learned Senior Counsel for the petitioner and also M r. A. K. Goswami, learned counsel appearing for the private -respondent. Mr. H. N. Phukan, learned State Counsel appearing on behalf of the state respondents. 2. Although the petitioner and the private respondents are me mbers and share holders of Namati Samabai Samittee. Although the terms of the Ma naging Committee of the Namati S.S. Ltd., expired on 31.5.2007, the same was allowed to continue upto 22-9-2007. But the Registrar of the Society did n ot allow the managing society to continue thereby constituting a one man committ ee to hold the AGM/Election within ninety days vide his order dated 16/17-7-2007 . 3. Section 32 of the Assam Co-operative Societies Act provides a man date for holding the Annual General Meeting(AGM) of the society within sixty day s from the date of expiry of the terms of Managing Committee of the Society. Adm ittedly at any rate the terms of the earlier management body has expired and ele ction of the office bearers of the society is long over due. On failure of the Society to constitute the Annual General Meeting of the Society, the Registrar of Co-operative Society vide order dated 16/17-7-2007 appointed one Dibjyajyoty Laskar Sr. Inspector C.S. as On e Man Managing Committee of the Society to manage the affairs of the Society and directing to hold the AGM/Election within ninety days from the date of issue of this order. This was done in terms of the mandate of the provisions of Section 32(5) of the Act. Subsequently the service of the said officer was withdrawn vid e order dated 21-7-2007 and one adhoc managing committee was formed for the purp ose of running the affairs of the society and to hold the Annual General Meeting of the society. 4. Vide order date 25-9-2007 another adhoc committee of the so ciety was formed with different members to hold the Annual General Meeting withi n ninety days from the date of issue of this order. 5. The said adhoc body having failed to hold the AGM within the stipulated period, the Registrar vide order dated 27-12-2007 dissolved the said adhoc body by appointing one man committee with one Dulat Das, Junior Inspecto r, G.S. Assam Co-operative Society, Hojai to run the day- to -day affairs of the society till the new managing committee is elected or formed. It was further d irected to hold the AGM /election within ninety days from the date of issue of this order. 7. Subsequently, the service of the said officer was withdrawn vide order dated 18-1-2007 the aforesaid officer was withdrawn and another Adhoc Man aging Committee was constituted with identical members for holding the AGM with in ninety days from the date of issue of this order. The aggrieved petitioner wh o is the share holder of the said society has filed the present writ petition. 7. Vide order dated 1-2-2008 this Court suspended the impugned order dated 18/21-1-2008. The aggrieved private respondent by filing MC 504/2008 has p rayed for stay of the said order. 8. As agreed to, by the learned counsel for the parties, instea d of taking up the misc. case, the entire writ petition is taken up for final d isposal on the basis of the materials available on record. 9. Under Section 32 of the Act, a general meeting to be termed th e annual meeting of the General Assembly of a registered society is to be held at least once in every co-operative year for the purpose mentioned therein which includes the election of members to the Administrative Council, Managing Body a nd other Committees of the Society, the Chairman, Vice Chairman and other offic e bearers, as may be provided in the by-laws. Under Section 32(2) such a meeting shall be held within six ty days from the date of expiry of the preceding Co-operative years. Section 32(5)(4) mandates interalia that if the society fa ils to hold AGM within sixty days as mentioned under Section 32(2) the administr ative council and/or the managing committee shall be dissolved from the date of expiry of the terms of the managing committee. Section 32(5) provides that when the administrative counc il or the managing committee is dissolved by virtue of operation of Section 32(4 ), the Registrar may appoint the officers or officers or adhoc body to form a new body and as such officers appointed from the adhoc body by the Registrar sha ll arrange to hold the AGM of the general assembly within ninety days of their a ppointment as provided under Section 32(6) of the Co-operative Societies Act. From the various orders referred to above, it is seen that the term of the Managing Body of the Society expired long back. The said adhoc bodies not having been constituted within the aforesaid period, in the process t he mandate of the provisions of Section 32 is being violated. It is the responsi bility of the Registrar of Co-operative Society to constitute the managing body in terms of the provision of the Assam Co-operative Society’s Act and the Rules framed there under. By-laws of the society regulates its functions and the Reg istrar is the ultimate controlling authority in such matters. 11. Both the sides have made allegations and counter allegations. 12. The fact remains that the AGM of the society is long over d ue and both the sides have agreed to hold the AGM in the best interest of the so ciety. 13. In view of the aforesaid facts situation, this writ petitions is disposed of with the direction that the Annual General Meeting of Namati Sam abai Samittee, Hojai shall be held within a period of thirty (30) days from toda y.