- (1.)Leave granted.
(2.)These appeals have been preferred by appellant against judgment and order dated 13th November, 2013 passed by the Division Bench of the High Court of Gauhati in Writ Appeal No. 319 of 2013. By the impugned order the Division Bench while dismissing the appeal preferred by appellant, made following observations:
"The Division Bench of this court in WA No. 172 of 2013 in connection with a different cooperative society where election were held on 8.6.2010 while interpreting Section 39. It was held that the society in the cited case was entitled to full term of 5 years as per amendment and obviously from the date of its first meeting. It is to be noted that the amendment to Section 39 is effected by way of substitution. It is well settled principle in the interpretations statutes that any amendment is made by way of substitution, the amendment relates to the date of the parent Act and will have retrospective effect therefore the tenure of the present managing committee will have 5 years from the date of first meeting."

(3.)The factual matrix of the case is as follows:
There was a dispute relating to elected members of the Managing Committee of Tikamari Samabai Samity Ltd. in the District of Goalpara. The contesting respondents filed the W.P. (C) No. 2037 of 2013 being the elected members, challenging the order dated 6th April, 2013 passed by the Additional Registrar of Cooperative Societies, BTC, Kokrajhar. By the said order, the Additional Registrar of the Cooperative Societies constituted one man Committee to perform the functions of the Managing Committee and directed to hold Annual General Meeting/election to constitute a new Managing Committee within a period of 90 days. According to the contesting respondents-writ petitioners, the Managing Committee was elected in the meeting held on 25th October, 2009 and first meeting of the Committee was held on 7th March, 2012. It was contended that as per provisions of Assam Cooperative Societies Act, 2007 (hereinafter referred to as an "Act"), they were eligible to continue for three years. The Act was subsequently amended in the year 2013 and the period of 3 years was substituted by 5 years and thereby the elected Committee was to be continued for a period of 5 years.