Nishitendu Chaudhury, J.

1. Two writ petitions, being W.P.(C) No. 5696 of 2013 and W.P.(C) No. 5191 of 2013 along with their Misc. cases, namely, M.C. No. 3213 of 2013 and M.C. No. 3009 of 2013 relate to election of Managing Committee of AOD-OIL Cooperative Society Limited, Digboi. In W.P.(C) No. 5191/2013, the AOD-OIL Cooperative Societies Limited (hereinafter referred to as 'the society') and its Vice-President, Sri Pabon Borah, are the petitioners and they have challenged legality and validity of order dated 31.07.2013 issued by the Zonal Joint Registrar of Cooperative Societies, Jorhat (hereinafter referred to as 'the Zonal Registrar') whereby the Managing Committee of the society was held to have automatically dissolved under Section 41(3) of the Assam Cooperative Societies Act, 2007 and thereupon one Sri Arun Kotoky a Senior Inspector of the Cooperative Societies Tinsukia who is respondents No. 4 in this writ petition was appointed as the Officer on management to manage the affairs of the society. On the other hand, W.P.(C) No. 5696/2013 is instituted by three share-holders of the same society who have challenged the notification dated 14.09.2013 issued by the respondent No. 5 of the said writ petition (Naba Krishna Chetia) as Chairman of the AOD-OIL Cooperative Society Limited for holding meeting on 29.09.2013 and also for constitution of the managing committee of the society under Section 41(6) of the Assam Cooperative Societies Act, 2007 (hereinafter referred to as 'the Act'). The writ petitioners in the second writ petition along with some others filed a Misc. Case in the first writ petition praying for alteration/modification/vacation of the interim order passed in that writ petition pleading substantially same facts and citing same grounds as ventilated in the second writ petition. This is how both these writ petitions along with their respective Misc. Cases are analogous and inseparable. Mr. G.N. Sahewalia, learned Senior Counsel assisted by Mr. D. Senapati, learned counsel, appearing on behalf of the writ petitioners in W.P.(C) No. 5191 of 2013 and Mr. M. Bhuyan, learned counsel, appearing on behalf of the writ petitioner in W.P.(C) No. 5696 of 2013 submitted that the subject matter of the two writ petitions being inter-related and mutually dependent these writ petitions are to be taken up for hearing as analogous items. Accordingly, both these writ petitions are heard together.

2. Facts leading to institution of these writ petitions are required to be stated in brief. The managing Committee of the AOD Oil Cooperative Society Limited, Digboi was reconstituted on 01.08.2010 upon expiry of its previous term. In the reconstituted Managing Committee, Sri Naba Krishna Chetia and Sri Paban Borah were elected as Chairman and Vice-Chairman respectively. Sri Hemen Handique was elected as General Secretary, Sri Achinta Kumar Saikia as treasurer, Sri Pradip Gogoi as Assistant General Secretary, Sri Monoram Saikia as Assistant General Secretary and four others as Members. The proceedings of this meeting were approved by the Registrar of Cooperative Societies, Assam (hereinafter referred to as 'the Registrar') on 05.08.2010 and thereupon the elected Managing Committee took over charge on 06.08.2010. Before amendment of the Act, normal tenure of a Managing Committee was 3 years. But by amendment of Section 31 of the Act with effect from 05.02.2013 the term of the board was enhanced to five cooperative years. This amendment was done on the basis of 97th Amendment of the Constitution made in 2011. Under such circumstances, the life time of the managing committee of the society constituted on 1.8.2010 and which took over charge on 6.8.2010 also got an extended life span of 5 cooperative years in total. Consequently, date of expiry of term of this society fell due on 5.9.2015. Under Section 32 of the Act the Board (Managing Committee herein) is duty bound to hold at least one general meeting in every cooperative year. The ma