MD. NURUL ISLAM LASKAR Vs. STATE OF ASSAM & OTHERS

JUDGEMENT

(1.) In this writ application, the petitioner has challenged the order of the Assistant Registrar made on 4.6.90 disapproving the proceedings of the Annual General Meeting held on 20.5.90 relating to election of office bearers of the Managing Committee of the Lanka Dagaon Samabai Samity situated within Nagaon District for the co-operative year 1990-91. In the said meeting, the petitioner was elected as Chairman of the Managing Committee. On 13.11.90, this Court made an interim order to the effect that "the elected men may function". Thereafter, the Joint Registrar of Co-operative Societies made an order on 11.11.92 appointing Shri Kumud Nath, Senior Inspector as one man ad hoc committee to manage the affairs of the society and to perform the function of the Managing Committee on the ground, inter alia, that the Management of the society has failed to hold Annual General Meeting of the society in terms of section 32 of the Assam Co-operative Societies Act, 1949 ('Act' for short) The petitioner has also challenged the order made on 11.11.92 by the Joint Registrar.

(2.) The question which arises for consideration is whether the petition has become infructuous. Under section 32 of the Act, Annual General Meeting of the general assembly of a registered society shall be held at least once in every co-operative year for the purpose of, inter alia, electing members of the Managing Committee of the society. Such a meeting shall be held within 60 days from the date of expiry of the preceding co-operative year unless it is extended by the Registrar. If the society fails to hold meeting within the prescribed period, the Managing Committee of the society shall stand dissolved from the date of expiry of the prescribed period. If the body is dissolved, the Registrar may appoint an officer or officers or any ad hoc body to manage the affairs of the society and to perform the function of the Managing Committee till a new body is elected of formed.

(3.) It is not disputed that the co-operative year is from 1st April of one calendar year to 31st March of the next calendar year, and that no Annual General Meeting of the society was held till date from 20.5.90. In that view of the matter, the term of the Managing Committee would stood dissolved 60 days after 31.3.91 as there was no application for extension as is provided under section 32.