K. Shreedhar Rao, J.

1. The above appeals are inter-related. Writ Appeal No. 319/13 is filed by the members of the society against the managing body seeking a declaration that the managing body has not convened the first Annual General Meeting as required under law. Therefore, the managing body stands automatically dissolved by declaration of Section 39 of the Co-operative Society Act (for short-Act). The Writ Appeal No. 330/13 is filed by the managing body against the interim order of the learned single Judge wherein it was held that the term of the appellant managing body would expire by 31.3.2012.

2. The fact matrix discloses that the election to the society in question was held on 25.10.2009 and the counting was started on the next day but because of unruly interruption counting could not be completed and the same was deferred. In that regard WP(C) No. 4676/2009 and WP (C) 4908/2009 were filed by some of the members of the society. The first petition is filed for holding fresh election and the second petition is filed for a direction to hold the counting and to declare the result of the successful candidates. The second writ petition was argued and the learned Single Judge of this Court on 10.2.2012 directed to proceed with the counting and for declaration of the result Since there was order for counting was made the other writ petition No. 4676 of 2009 was disposed of as infructuous. The counting was held on 29.2.2012 and results were declared on the same day. The appellant managing committee is declared elected.

The elected managing committee convened a general meeting on 7.3.2012 and the second general body meeting was held on 29.7.2012. On the date of the second meeting there was unruly situation and objections were raised that meeting was not convened in accordance with law and there was no official observer. Therefore, the AGM convened could not be successfully concluded and resolution was passed that the meeting was cancelled. The managing body approached the Registrar of Cooperative society for extending time to hold the AGM. Registrar of Cooperative Society directed to hold the meeting within 29.9.2012. Accordingly, AGM was held on 28.9.2012.

3. The Assam Co-operative Society Act, 2007 received presidential assent on 8.1.2012 and it came into effect from 10.3.2012 vide Gazette publication on 5.3.2012. The Assam Co-operative Societies Act, 1949 came to be repealed by the Act 2007. The provisions of Section 39 Assam Co-operative Society Act prior to 5.2.2012 is read as follows:

A general meeting to be termed as Annual General Meeting of the General Assembly of a registered co-operative society shall be held at least once in every Co-operative year within a period of 120 days from the date of expiry of every cooperative year. The Board shall automatically stand dissolved for not holding Annual General Meeting in accordance with the provisions of the Act and bye-laws within 120 days from the date of expiry of every cooperative year.

Section 39 came to be amended by Act IV on 2013 with effect from 5.2.2013 which read as follows:

A general meeting to be termed as Annual General Meeting of the General Assembly of a registered co-operative society shall be held at least once in every Co-operative year within a period of six months of close of the financial year to transact the business as provided in this Act. The Board shall automatically stand dissolved for not holding. Annual General Meeting in accordance with the provisions of the Act and bye-laws within six months from the expiry of every Financial year.

4. The learned single Judge of this Court in WP(C) No. 4908 of 2009 filed by the appellant in WA No. 319/2013 while interpreting the provisions of Section 39 held that the election in respect of the incumbent managing body was held in 2009 And according to the amended provision the tenure of the body being 3 years, the life of the body is to be reckoned from the date of election and the tenure of the incumbent managi