U.L. Bhat, C. J.:- A copy of the writ petition is served or Mr. D. P. Chaliha, learned Government Advocate, Assam representing respondents 1 to 4. We find it unnecessary to issue notice to Respondents 5 to 14 in the nature of the order we propose to pass. 2. Petitioner is a Member of Malegarh Govindapara Fishery Cooperative Societies Ltd. The election of the Managing Committee was held sometime in August, 1991, but the same was not approved. Consequently the Zonal Joint Registrar of Co-operative Societies by-order dated 15.11.91 appointed an officer of the department to manage the affairs of the Society and to convene Annual General Meeting within 90 days. Before the expiry of 90 days, namely, on 24.1.91 the Registrar of Co-operative societies superseded the officer and appointed an Ad hoc Committee consisting of respondents 5 to 14. This Older is now challenged. 3. The impugned order Annexure-5 dated 24.1.92 indicates that no steps had been taken to hold the Annual General Meeting as required by law. The writ petition does not contain specific averments as to the steps, if any, taken by the officer of the department appointed to manage the affairs of the society for convening Annual General Meeting for the purpose of holding election. In these circumstances, we do not find any infirmity in the decision of the Registrar to replace the officer by an Ad hoc Committee. It is averred in para 16 of the Writ petition that respondents 5, 15 and 12 (Tusta Ram Das, Niranjan Das and Rajani Sarkar respectively) are defaulters of the society and therefore should not have been appointed members of the Ad hoc Committee. 4. The impugned order is one passed in exercise of power vested in Registrar under Sub-section (5) of section 32 of the Assam Co-operative societies Act, 1949. The provision enables the Registrar to appoint an officer or officers or any ad hoc body to manage the affairs of the Society and to perform the functions of the Administrative Council and Managing Body till the new Body is elected or formed. It is by virtue of this provision that earlier an officer of the department was appointed to manage the affairs of the body order sub-section (5) of section 32. The power vested under sub-section (5) of section 32 in the Registrar is to appoint an officer or officers or any ad hoc body.
It is by virtue of this provision that earlier an officer of the department was appointed to manage the affairs of the body order sub-section (5) of section 32. The power vested under sub-section (5) of section 32 in the Registrar is to appoint an officer or officers or any ad hoc body. It was on this basis that the impugned order replacing the officer by an ad hoc body has been passed. 5. Sub-section (5) of Section 32 does not indicate the source from which the Members of the Ad hoc Committee are to be drawn or the qualifications of eligibility for being considered for appointment as such. However, the scheme of the Act as well as the provisions of Section 32 provide adequate guidelines in this regard. Section 32 is the provision which requires Annual General Meeting to be held at least once in a Co-operative year for, inter alia, electing members to the Managing Body, electing internal Auditors etc. This it can be seen that this is a provision to safeguard the interests of the society and members thereof Proper management of the society, ordinarily is vested in elected Managing Committee, the provision for supersession and nomination being resorted to only in exceptional circumstances as contemplated in Sub-section (5; of section 32. The officer or ad hoc Body contemplated in Sub-section (5) is to manage the "affairs of the society". The persons or persons required to manage the "affairs of the society''. The person or persons required to manage the affairs of the Society should be persons who are familiar with the objects of the Society and the working thereof. It would be advantageous if they have some experience in the matter. Originally when an Ad hoc Committee is constituted, nominated members should be drawn from the members of the Society as they will be suited to manage the affairs of the Society. The choice of the Members should be made solely on the basis of merit and the extraneous considerations should not interfere. But if a member is a defaulter it means that he is a member who is yet to fulfil his. Obligation as a member of the Society and such a person should not be picked up, for being nominated as a Member of the Ad hoc Committee.
But if a member is a defaulter it means that he is a member who is yet to fulfil his. Obligation as a member of the Society and such a person should not be picked up, for being nominated as a Member of the Ad hoc Committee. These are some of the guidelines which are implicit in the scheme of the Act, scheme of Section 32 as well as the provisions of Subsection (5) of section 32. 6. Since a specific allegation is made that three of the members of the ad hoc Committee are defaulters, we are of the opinion that the Registrar should examine the matter and if he is satisfied that the three members are defaulters he must take adequate steps in this behalf. Subject to this, we do not find any justification to interfere with the impugned order. 7. We dispose of the writ petition directing the second respondent the Registrar of Co-operative Societies, to examine the complaint of the petitioner that three members of the ad hoc Committee are defaulters and decide whether they are defaulters or not and take action in accordance with law and in the light of the observations contained in this order. If prima facie they appear to be defaulters, certainly the Registrar must give them an opportunity of hearing.