WP(C) 3928/2008 BEFORE THE HON’BLE MR. JUSTICE BP KATAKEY The petitioner No. 1 is a co-operative society and the petitioner No. 2 who is the chairman of the said co-operative society, by the present writ petiti on has challenged the order dated 2.9.2008 passed by the Registrar of Co-operati ve Societies, Assam rejecting the prayer of the petitioner No. 2 to extend the t ime to hold the Annual General Meeting for the purpose of election of the member s to the managing committee of the society. Heard Mr. Goswami, learned senior counsel for the petitioners and Mr. So ren, learned State counsel appearing on behalf of all the respondents. An affidavit-in-opposition has also been filed by the Assistant Registra r of the Co-operative Society in the writ petition. During the course of hearing of the writ petition, Mr. Goswami, learned senior counsel has brought to the notice of the Court the order passed by the Re gistrar of Co-operative Societies, Assam dated 3.9.2008, which has been annexed as Annexure-A to the Misc. case No. 2660/2008 filed in the present writ petition , whereby and whereunder the Registrar by the order dated 3.9.2008 constituted a n ad-hoc committee consisting of five members for managing the affairs of the pe titioner No. 1 society with the direction to hold the annual general meeting wit hin 90 days from the date of such order. In the said order it has been mentioned that failing to hold the annual general meeting within the aforesaid period the order of appointment of ad-hoc committee shall automatically stand withdrawn. Mr. Goswami further brought to the notice of this Court the subsequent o rder dated 20.9.2008 passed by the Registrar of Co-operative Societies, which ha s been annexed as Annexure-C to the rejoinder affidavit filed by the petitioner, appointing Sri Jainur Ali, Senior Inspector/Auditor of Co-operative Societies, Nalbari to manage the affairs of the society and to function as the managing com mittee till a new managing committee is elected and formed as per the bye-laws a nd directing him to hold the annual general meeting within 90 days from the date of passing such order, which order has been passed subsequent to the order date d 8.9.2008 in Misc. Case No. 2660/2008 whereby and whereunder the order dated 3. 9.2008 constituting the ad-hoc committee has been stayed and allowed the departm ental authorities to manage the affairs of the society. Mr. Goswami has submitte d that though the petitioner has challenged the order dated 2.9.2008 passed by t he Registrar, Co-operative Societies rejecting the application filed by the peti tioner No. 2 praying for extension of time to hold the annual general meeting, i n view of the subsequent facts narrated above i.e. appointment of the senior ins pector/auditor of the co-operative societies to the manage the affairs of the so ciety, the present writ petition may be disposed of with the direction to the au thority concerned to hold the election immediately so that the affairs of the so ciety can be managed by an elected body as per the bye-laws of the society. Acco rding to Mr. Goswami, in spite of the communication issued by the Registrar date d 20.9.2008 directing the Senior Inspector/Auditor of the Co-operative Societies to hold the annual general meeting within 90 days no steps have been taken for holding the annual general meeting or election. Mr. Soren appearing for the respondent has also submitted that since the ad-hoc arrangement has been made by the order dated 20.9.2008 by allowing the s enior inspector/auditor of the co-operative societies to manage the affairs of t he society till a new managing committee is duly elected and directed the inspec tor to hold the annual general meeting, the Inspector is duty bound to hold the election. Mr. Soren therefore submits that necessary steps for holding the electio n shall be taken forthwith as required under the provisions of the Assam Co-oper ative Societies Act and the Rules framed thereunder and as well as the bye-laws. In view of the aforesaid submissions, the present writ petition is disposed of w ith the direction to Registrar of the Co-operative Societies, Assam to take or c ause to be taken all required steps for holding the annual general meeting of th e petitioner No. 1 society upon issuance of necessary notice in that regard as r equired under the provision of the Act as well as the Rules framed thereunder an d the bye-laws of the society. The entire exercise of holding the annual general meeting shall be competed by the Registrar or its authorized officer by 16th Ma rch 2009. The petitioner shall furnish the certified copy of this order before the Registrar, Co-operative Societies, Assam for doing the needful in that regard. It is made clear that in view of the order passed today on the basis of the submissions made by the learned counsel for the parties, this Court has not expressed any opinion relating to the legality and validity of the ground on whi ch the order dated 2.9.2008 has been passed by the Registrar as it is not requir ed to be done in view of the aforesaid submissions. The writ petition is accordingly disposed of.