prescribed in Section 39 of the Act, 2007. After dissolution of the Board of Directors of the Society, the respondent no. 3 by an Office Order dated 23.10.2024 appointed One Man Management Committee for the Society in exercise of powers conferred on him under Section 41[6] of the Act, 2007 with a further direction to the One Man Management Committee to perform all functions of the Board of the Society and to convene the AGM / Election for the Society and to constitute Board of Directors within a period of ninety days at the cost of the Society.

4. After assuming the charge, the One Man Management Committee proceeded to prepare a list of members with right to vote and a list of members without right to vote, as per the provisions of Section 26[3] of the Act, 2007. At the stage of preparing lists of members, complaints were submitted to the effect that in the draft list of members, the names of a number of dead persons got included and representations were made before the One Man Management Committee that he should remove the names of dead persons from the draft list. As the process of holding the AGM / Election did not progress as expected, the term of the One Man Management Committee was extended for a further period of ninety days vide an Office Order dated 27.01.2025. When finally the list of members of the Society was published under the seal and signature of the respondent no. 4 on 19.03.2025, it came to the notice of the petitioners that in the said list of members prepared by the respondent no. 4, the names of a nos. of dead persons have been included. The One Man Management Committee has, in the meantime, published a Notice notifying the shareholders of the Society that the next AGM / Election to the Board of Directors of the Society would be held on 19.04.2025. The timeline for submission of nominations to contest election for the Board of Directors of the Society have also been notified in the meantime.

5. As it came to the notice of the petitioners that in the list of voters prepared by the respondent no. 4 on 19.03.2025, the names of forty-six nos. of dead persons have not been deleted, the petitioners stated to have submitted a representation before the respondent no. 3 as well as the respondent no. 4 on 27.03.2025, that is, prior to the publication of the Notice for the AGM / Election on 30.03.2025.

6. In this connection, the provisions of sub-section [3] of Section 26 of the Act, 2007 and Rule 3[h] of the Assam Cooperative Societies’ Election Rules, 2019 [‘the Rules, 2019’, for short] are of relevance and import and the same are quoted hereinbelow :-

26. Rights and liabilities of members of registered societies and exercise of rights thereof –

[3] The Chief Executive of every cooperative society within twenty days of closure of the previous cooperative year, shall prepare a list of members with the right of vote, and a list of members without the right of vote, valid for the current financial year. The list shall be affixed on the notice board of the Head office of the cooperative society for information of all members and any member not satisfied with specific instances of inclusion or non- inclusion of members in the lists, may appeal to the Board within ten days from the date of the affixing of the lists on the notice board, for re-examination of the records, and the Board shall within forty days of closure of the previous cooperative year, review the lists, finalise it, and have it affixed on the notice board of the Head office of the cooperative society :

Provided that a member who is an employee or member of Employees Union of such society shall not be entitled to vote —

[i] at election of a member of the Board of such society;

[ii] in any general meeting convened for framing the bye- laws of such society or any amendments thereto.

3. Conduct of Election to Board of Directors of Cooperative Society. –

[h] The concerned Chief Executive/Secretary of the society shall prepare and submit a list of members eligible to vot