WP(C) 2683/2010 BEFORE HON’BLE MR JUSTICE HN SARMA Heard Mr. GN Sahewalla, learned Sr. counsel for the petitioners, Mr. P. Mahanta, learned counsel appearing for the respondent No.7 and Mr. P. Roy, learned Addl. Sr. Govt. counsel for the remaining respondents. The annual general meeting of the A.O.D. Oil Co-operative Societ y Ltd, Digboi was directed to be held on 2.5.10 vide order dated 7.4.10 passed in WP ( C) No. 3854/09. In the said order certain conditions were also laid down as regards the updation of the voters list and it was also directed to issue n otice as per the by-laws. Some time thereafter, on the basis of the writ petiti on filed by the shareholders being WP ( C ) No. 2486/10, the court directed that meeting of the Society should be held as scheduled on 2.5.10 in the venue at Di gboi i.e., AOD Oil Co-operative Golden Jubilee Complex (Prakash Griha). In the s aid order direction also has been given to cause necessary publication of the ch ange of venue including publication of the local newspaper on 30.4.10. It is contended by Mr. Sahewalla, learned Sr. counsel that on be ing approached by the petitioner before the SDO (Civil), Margherita Sub-Division for granting permission to hold the meeting in the main venue as directed by th e High Court but the same was rejected vide order dated 1.5.10 on the ground th at such permission has already been granted for the said purpose. In such a situ ation, the petitioner met at the venue fixed at Digboi but the meeting could not be held and accordingly it was intimated by adopting a resolution to the Regist rar of Co-operative Society. Accordingly, it is contended that the date was fix ed for holding the AGM of the society. Mr. P. Mahanta, learned counsel appearing for the respondent No.7, on the other hand, contend that though he was suspende d by the society but the same has not be approved and he having full authority to hold the AGM of the society as per bye-law, approached the SDO, Mrgherita an d accordingly granted permission for holding the AGM in terms of the order pas sed in the aforesaid writ petition by the High court. Learned counsel further s ubmits that such meeting was attended by the 137 member of the shareholders and held the AGM in the presence of the observer namely Mr. J. Mahanta, Asstt. Regis trar of Co-operative Societies, Tinsukia and the Deputy Registrar of Co-operativ e Societies, Dibrugarh. That apart, the Circle Officer of the local Circle Offic e as well as O.C., Digboi Police Station were also present in the meeting. In th e said meeting necessary resolution as per the agenda was adopted and accordingl y new Managing Committee was also formed. The aforesaid proceeding of the meetin g held under the Presidentship of respondent No.7 was forward by the Asstt. Co-o perative of Societies, Tinsukia to the Registrar of Co-operative Socities, Guwah ati for necessary approval. Submissions made by the learned counsel appearing for the partie s has surfaced two versions- according to Mr. Sahewalla no such meeting was held but according to Mr. Mahanta the said meeting was held at date, time and venue fixed. The proceedings of the aforesaid AGM held on 2.5.10 under the President ship of respondent No.7 is pending before the Registrar of Co-operative Societie s. Accordingly, in view of the factual dispute as arisen in this case, I propose to dispose of this writ petition with the direction that the Registrar of Co-op erative Societies while taking up the matter for giving or refusing the approva l of the proceedings of the AGM mentioned above shall note of the grievance rais ed by the present petitioner and after considering the facts and circumstances o f the case, Registrar shall pass appropriate order granting or refusing two to g rant necessary approval to the proceedings of the meeting. Both the parties woul d be entitled to make their necessary submissions before the Registrar of Co-ope rative Societies. In view of the facts and circumstances of the case as well as statutory requirement of law, the Registrar of the Co-operative Societies is di rected to dispose of the matter as early as possible. Both the parties shall appear on 21.5.10 to receive further inst ruction from the Registrar of Co-operative Societies as regards the hearing of t he matter. Both parties would also be entitled to file their objection of docume nts, if they so desire and thereafter the Registrar of Co-operative Societies sh all pass appropriate order as early as possible. With the above direction, this writ petition stands disposed of.