Page No.# 1/3 GAHC010018972024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/684/2024 PARESH KALITA AND ANR C/O- BHAGABAN KALITA, RESIDENT OF GANESH NAGAR, BAMUNIMAIDAM, DISTRICT- KAMRUP (METRO), ASSAM, PIN- 781021 2: KABITA RAJBANGSHI C/O- PAKHINDRA RAJBANGSHI RESIDENT OF BISHNU NAGAR NOONMATI DIST.- KAMRUP (METRO) ASSAM PIN- 78102 VERSUS THE STATE OF ASSAM AND 7 ORS TO BE REPRESENTED BY THE PRINCIPAL SECRETARY CO-OPERATIVE DEPARTMENT AND THE SECRETARY CO-OPERATIVE DEPARTMENT 2:THE REGISTRAR OF COOPERATIVE SOCIETY ASSAM 3:THE JOINT REGISTRAR OF COOPERATIVE SOCIETY ASSAM 4:THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETY GUWAHATI BHANGAGARH GHY-08 5:THE SUB-REGISTRAR CUM ONE MAN MANAGEMENT COMMITTEE OF PURBOTTAR UDYOG HANDICRAFT COOPERATIVE SOCIETY LIMITED 6:SMTI. JOYMATI DEKA C/O- REGISTRAR OF COOPERATIVE SOCIETY Page No.# 2/3 ASSAM 7:SRI. MADHURYA PRAN BAILUNG C/O- REGISTRAR OF COOPERATIVE SOCIETY ASSAM 8:BISWAJIT KALITA C/O- REGISTRAR OF COOPERATIVE SOCIETY ASSA Advocate for the Petitioner : MR. A R BHUYAN, MR. S BANIK,MS. S SAHNAZ,MS S.KHATUN,MS. Y AKHTAR,MR N Z CHOUDHURY Advocate for the Respondent : SC, CO OP, BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 21.05.2025 1. Heard Mr. N. Z.Choudhury, learned counsel for the petitioners and Ms. M. D. Borah, learned Standing counsel, Co-operation Department for the respondent Nos. 1 to 5. Though the notices were served upon the respondent Nos. 6, 7 & 8, however, none appears for them. 2. By filing the present writ petition, the petitioners are praying for holding of the Annual General Meeting (AGM)/Election of the society, namely, Purbattor Udyog Handicraft Co-operative Society Limited inasmuch as currently, the society is being run under One Man Committee. 3. Ms. Borah, learned Standing counsel, Co-operation Department, has produced a copy of the instruction dated 16.05.2025 issued by Registrar of Co-operative Societies, Assam and she submits that the Registrar of Co-operative Societies, Assam is seeking to hold the AGM of the aforesaid society at the earliest. It is Page No.# 3/3 submitted that for non production of the Original Member Register to verify the list of members as required under Section 26 (3) of the Assam Co-operative Societies Act, 2007 and for the pendency of the present writ petition, the AGM of the said society could not be held. 4. In view of the above, the learned counsel for the petitioners submits that the instant writ petition may be disposed of directing the Registrar of Co-operative Societies, Assam to initiate the process of holding the AGM of the aforesaid society inasmuch as the shareholders will co-operate with such process. 5. Since the society is admittedly being run by One Man Committee, in the considered opinion of this Court, there shall not be any difficulty on the part of the Registrar of Co-operative Societies, Assam in getting the Original Member Register, from the One Man Committee inasmuch the person who is running the affair of the society in question, himself is a Government employee. 6. Accordingly, the present writ petition is disposed of directing the Registrar of Co- operative Societies, Assam to initiate the necessary action to hold the AGM of Purbattor Udyog Handicraft Co-operative Society Limited at the earliest and the entire process be completed within a period of 4 (four) months from the date of receipt of a certified copy of this order to be furnished by the petitioners before the Registrar of Co-operative Societies, Assam. 7. A copy of the instruction dated 16.05.2025 furnished by Ms. M.D.Borah, learned Standing counsel, Co-operation Department, be kept on record. JUDGE Comparing Assistant