WP(C) 6053/2007 BEFORE THE HON’BLE MR. JUSTICE H.N. SARMA Heard Mr. A.K. Goswami, learned Senior Advocate assisted by Mr. G. Sarma for the petitioners. Also heard Mr. Rahman, learned Government Advocate and Mr. H.K. Das, learned counsel appearing for the Respondent Nos. and 5 and 6. The challenge made in this writ petition is an order dated 10.9.20 07 passed by the Registrar Co-operative Society, Assam thereby appointing the Re spondent No. 7 as One Man Committee to run the affairs of Railway Consumers’ C o-operative Society Limited under Section 32(5) of the Assam Co-operative Act, d irecting him to hold AGM/Election of the Society within a period of ninety days from the date of the order. The reasons for exercising the aforesaid power under Section 32(5) of the Assam Co-operative Society Act, as spelt out in the impugned order are that it appears to be that the Management violated the provisions of the Bye-laws at the time of conveying the AGM/Election and fixed the date of election on 21-5-2 007 and the AGM on 20.7.2007, which according him is a violation of the provisi ons of the Assam Co-operative Society Act and Bye-laws. It is noted in the impug ned order that the Management violated the provisions of the Act and the Bye-law s under Section 19(e) by not informing the Railway Authority and failed to hold the AGM/Election of the Society as required under the Act and accordingly disso lved the said committee and Man Committee with Respondent No. 7 was formed. Mr. Goswami submits that the ground on which the impugned order was committed to be passed by the Registrar and are in fact non existent and there was no violation of any provision of the act and /or Bye-laws not the petitione rs failed to hold the election of the Society as required under the Act. Infact, the Society was exempted from holding the AGM by its order dated 29.5.2007 for a period of thirty days issued by the Zonal Joint Registrar of Co-operative So ciety and in terms of the said order necessary preparations were made of holding the election and for which notice of election which was scheduled to be held on 21.6.2007 was also issued on 4.6.2007 with necessary agendas. However, the Re spondent No. 6 who is a Divisional Personal Officer of Railway prompted to inter vene in the matter of holding election and in fact he is neither a member or sha reholder of the society. As scheduled the AGM and election of the society was pr oposed to be held on 27.6.2007 & 21.6.2007 but the Respondent No. 6 raised an i ssue that since the authority is not aware about the election he declared the de cision to hold the election as unconstitutional. It is not the business of the R espondent No. 6 to declare the said election as unconstitutional in-as-much-as h e is neither the member of the society nor he has got any power to meddle in the affairs of the society. However, the ground for not holding the election was that the proposed venue could not be made available and for that purpose the assistance of law enforcing authority was resorted to. Thereafter vide order dated 10.9.200 7 the One Man Committee with Respondent No. 7 to run the affairs of the Society under Section 32(5) of the Act was passed by the Registrar of Co-operative Socie ty. A counter has also been filed by the Joint Registrar of Co-operative Society wherein it is stated that the one man committee could not hold the election as directed as the Secretary of the Society who is to convey was busy with the NF R ailway Employees Union meeting held on 20.6.2007 and most of the shareholders of the Society were busy in the election continuously at the NF Railway Headquarte r and Chennai respectively during the month of November, 2007. It is further s tated that the Judicial Registrar is now taking all steps to hold the AGM/Electi on of the concerned Society. Mr. Das submitting a copy of the minutes of the General Meeting of the shareholders stated to held on 14.6.2008 has pointed out that the aforesaid Gene ral Meeting has resolved to hold the AGM within a period of sixty days from the end of the tenure(provided no special circumstances occur). The said meeting was presided over the President of the Society. From the above discussion, it is clear that the dispute regarding th e holding of AGM of the Society is long over due and the same infact was held to on 20.6.2007 in an unwarranted manner . Be that as it may since it is the consensus of the society and requir ement of law to hold election of the Society, I am of the considered opinion tha t this writ petition is to be disposed of with certain directions to that effect . Accordingly subject of the aforesaid observations this writ petition stands disp osed of with the direction that the one man committee under the Respondent No. 7 was shall hold the election of the petitioners society within a period of three weeks from today in terms of the provision of the Act and Rules and the Bye-law s. The Respondent Nos. 5 and 6 are directed not to interfere with the holding of the election of the society as they have no authority to do so. They are direct ed to render all necessary assistance required at their official for holding the AGM/ election It would be the responsibility of the Registrar Co-operative Society a s well as the Petitioner No. 2 and the Zonal Joint Registrar of the Co-operative Society to see that the election of the society is held smoothly and in a free and fair manner, within the aforesaid period without any unauthorized interferen ce from any body. With this order the writ petition stands disposed of. A copy of the Resolution produced by Mr. Das is brought on record.