WP(C) 2114/2009 BEFORE HON’BLE SMT.JUSTICE ANIMA HAZARIKA Heard Mrs.R.S.Choudhury learned counsel appearing for the petitioner. Al so heard Mr.P.Roy learned State Counsel, Assam. By this application under Article 226 of the Constitution of India ,the petitioner has prayed for a direction to the respondent authorities to grant ext ension of time for holding the Annual General Meeting(AGM for short) of the peti tioner’s Samabai Samity limited for the year 2008-09. The petitioner which is a society registered under Assam Co-operative Societies Act,1949 vide resolution dated 11.5.2009 resolved to approach the Reg istrar of Co-operative Societies i.e Respondent No.2 by submitting a represent ation for extension of time for holding the AGM for the year 2008-09 as the Me mbers of the petitioner’s Society were engaged in the General Elections, 2009, t he process for holding the AGM could not be initiated within the specified perio d . As per Section 32 of the Assam Co-Operative Societies Act, 1949(the Act fo r short), AGM of a Registered Society is to be held at least once in every co-op erative year and as per Section 32(2) of the Act such a meeting is to be held wi thin 60 days from the date of expiry of the preceding cooperative year, i.e. on or before 30th of May,2009 Accordingly a representation was submitted before the respondent No.2 with the aforesaid prayer. However the said representation i s pending till date and no order has been passed . On the other hand, in case of several other Samabai Samities, similarly situated as that of the petitioner, who also failed to hold AGM within the time so provided under the Act , the r espondent No.2 in exercise of power under Section 32 of the Act extended time fo r holding the AGM in respect of those Samities. However, on 25.5.2009 instead o f granting such extension of time to the petitioner’s Samity, the respondent No. 4 directed the respondent No.3 to submit his views for granting of time on the g round of a contempt proceeding pending before this Court against respondent nos. 2 and 5 regarding removal of the Secretary of the Society. The petitioner’s ca se is that the extension for time for holding the AGM has no connection with the removal of the Secretary of the Society. The petitioners further case is th at in case of the Samabai Samities, viz, 1. Kangkan Samabai Samity Ltd.2. Kulaj an Samabai Samity Ltd. 3.Muktier Samabai Samity Ltd,4. Sissiborgaon Samabai Sami ty Ltd, 5.Pub-Machkhowa Samabai Samity Ltd and 6. Moridhal Samabai Samity Ltd , respondent No.2 has already passed an order(Annexure-E) granting extension of ti me for 30 days w.e.f. 31st May, 2009 to hold AGM /Election of the Society within the extended period. The petitioner therefore prays for similar order being sim ilarly situated with the aforesaid Samabai Samities. Considering the grievance raised by the petitioner, Mr.Roy learned State Counsel was directed to obtain necessary instruction as to why the petitioner’s society was not granted extension for holding the AGM as has been done in the other cases as indicated above. Mr.Roy on instruction received from the respondent No.3 has submitted th at due to pendency of the contempt proceeding against the respondent No.2 and 5, no order could be passed on the representation submitted by the petitioner’s So ciety for granting extension of time for holding the AGM. In view of the instruction so received, in the considered opinion of thi s Court, since on the same ground, the case of the aforesaid Samabai Samities ha ve been considered granting extension of time for 30 days for holding the AGM, the petitioner’s Samity is also entitled for a similar relief. This Court thus d eem it fit to direct the respondent No.2 i.e.the Registrar of Co-operative Socie ties to grant extension of time to the petitioner’s society also as has been don e in case of aforesaid Samities. The respondent No.2 is directed to pass similar order granting extension of time to the petitioner’s society for holding the AG M. The petitioner shall submit a certified copy of this order before respondent No.2 for doing the needful. With the above direction this writ petition stands disposed of. No cost