WP(C) 5339/2011 BEFORE THE HON’BLE MR. JUSTICE BP KATAKEY Heard Mr. Rafique, learned counsel for the petitioner as well as Ms Phukan, lear ned State counsel appearing for the respondents. The petitioner who was elected as the chairman of M/s Kalapani Samabai Samity, a society registered under the Assam Cooperative Societies Act, 1949, by the pres ent petition, has prayed for a direction to the respondent authorities more part icularly to the Sub Divisional Officer and Sub Divisional Police Officer, South Salmara in the district of Dhubri, Assam to provide adequate security for holdin g the annual general meeting scheduled to be held tomorrow i.e. on 22.10.2011. It is the contention of the petitioner that on earlier two occasions though such meeting was attempted to be held on the date fixed for that purpose the same co uld not be held because of illegal interruption by some persons, for which the S ecretary to the Govt. of Assam, Cooperative Societies Department passed the orde r on 9.9.2011 exempting the society from operation of sub section (1), (2), (3), (4), (5) and (6) of Section 32 of the Assam Cooperative Societies Act and allow ing 45 days time with effect from the date of issuance of such order for holding the annual general meeting of the said society. It is also the contention of th e petitioner that accordingly the notice dated 30.9.2011 has been issued for hol ding the annual general meeting on 22.10.2011. The further case of the petitione r is that since there is apprehension of disruption by some elements the petitio ner approached the authorities concerned for adequate security but the petitione r apprehends that like earlier occasion adequate security may not be provided fo r smooth holding of the said annual general meeting scheduled to be held tomorro w i.e. 22.10.2011. It appears from the order dated 9.9.2011 passed by the Secretary to the Govt. of Assam, Cooperative Societies Department, that the annual general meeting could not be held ’due to unruly situation as reported by the Registrar of Cooperative Societies, Assam vide letter No. GPSS.104/09/229 dated 28-07-2011’. On the back drop of such situation the Secretary to the Govt. of Assam has exercised the pow er conferred under Section 92 of the said Act and exempted the society from oper ation of sub section (1), (2), (3), (4), (5) and (6) of Section 32 of the Act an d directed to hold the annual general meeting within 45 days thereof. The in-cha rge Secretary of the society accordingly on 30.9.2011 issued the notice fixing 2 2.10.2011 as the date for holding the annual general meeting. It may, however, be mentioned at this stage that the petitioner was elected as c hairman on 25.11.2009 and by virtue of the provisions of the Act and the Rules f ramed thereunder the next election is scheduled to be held in November 2012 and as such there is no agenda item for holding the election in the annual general m eeting scheduled to be held on 22.10.2011. Having regard to the aforesaid position, more particularly the order dated 9.9.2 011 passed by the Secretary to the Govt. of Assam Cooperative Societies Departme nt, the writ petition is disposed of directing the respondent Nos. 5 and 6 namel y the Sub Divisional Officer and Sub Divisional Police Officer, South Salmara in the district of Dhubri to deploy adequate security for smooth holding of the an nual general meeting of the aforesaid society scheduled to be held tomorrow i.e. 22.10.2011. The learned State counsel shall inform the Sub Divisional Officer and the Sub Di visional Police Officer, South Salmara accordingly. The writ petition is accordingly disposed of. No cost.