1. Heard Mr. S. K. Talukdar, learned counsel for the petitioner and Mr. R. C. Borpatrogohain, learned Advocate General, Assam assisted by Dr. B. Ahmed, learned Standing Counsel, Cooperation Department and Ms. P. Agarwal, learned counsel.

2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 18.04.2018 issued by the Assistant Registrar of Co-operative Societies, Silchar and further seeks a direction to the respondents to extend the tenure of the Board of Directors of Rongpur Co-operative Society Ltd. in the district of Cachar by counting the period of 5 years from the date of its first meeting.

3. Before re-adverting to the prayer made by the petitioner, the relevant facts may be briefly noted to put the issue in proper perspective. Petitioner was a member of the Board of Directors and also Chairman of Rongpur Co-operative Society Ltd. (Society), which is a cooperative society registered under the provisions of the Assam Co-operative Societies Act, 1949 and now governed by the provisions of the Assam Co-operative Societies Act, 2007.

4. Annual General Meeting (AGM) and Election of the Society for the year 2013-2014 was held on 18.08.2013. In that election petitioner got elected as a Member of the Board of Directors. However, Assistant Registrar of Co-operative Societies, Silchar took considerable time to approve the proceedings of the aforesaid AGM and Election. Ultimately, approval was granted on 25.04.2014. Thereafter, the first meeting of the Board of Directors was held on 10.05.2014 in which petitioner was elected as the Chairman.

5. According to the petitioner, the tenure of the Board of Directors is 5 years and since the first meeting was held on 10.05.2014, the term of 5 years would expire only on 09.05.2019 before which fresh election is required to be held.

6. However, Assistant Registrar of Co-operative Societies, Silchar had issued the impugned order dated 18.04.2018 informing the petitioner that it appeared from the record that the term of the Board of Directors of the Society would expire on 18.08.2018. Therefore, petitioner was requested to hold AGM and Election.

7. Assailing the legality and correctness of the aforesaid order, present writ petition has been filed seeking the two reliefs as indicated above.

8. On 11.06.2018, this Court had issued notice.

9. On 23.07.2018, the following question was framed for consideration:-

“Question for consideration in this writ petition is whether the term of 5 years of the elected Board of Directors as per Section 35 of the Assam Cooperative Societies Act, 2007 should be counted from the date of Annual General Meeting (AGM) in which the Board of Directors was elected or from the first meeting of the elected Board of Directors after approval is granted by the jurisdictional Assistant Registrar of Cooperative Societies?”

10. Court requested learned Advocate General to assist the Court in answering the above question so framed.

11. In the hearing today, Mr. Talukdar, learned counsel for the petitioner fairly submitted that the issue raised in the writ petition as well as the question so framed is no longer res integra as the issue has been answered by the Supreme Court in Abdur Razzaque Vs Monir Uddin Ahmed, Civil Appeal Nos. 10051-10052 of 2014, decided on 07.11.2014. In the said decision Supreme Court had clarified the position that the tenure of office of the Members of the Board of Directors shall be 5 years from the date of election. He however submits that the writ petition was filed on 30.05.2018 when the tenure of 5 years had not yet expired and therefore the present Board of Directors should be allowed to hold the AGM and Election for the year 2018-19 which will prevent automatic disqualification of the petitioner and other Members of the Board of Directors from future election.

12. Mr. Borpatragohain, learned Advocate General, Assam submits that as per Article 243 ZJ (2) of the Constitution of India, the term of