WP(C) 4861/2009 BEFORE HON’BLE MR.JUSTICE B.P.KATAKEY The petitioners who are the shareholders of Hojai Samabai Samity Ltd., a society registered under the provisions of the Assam Co-operative Societies Act, 1949, have in the present writ petition challenged the proceeding dated 26.1 0.2009 of the said society relating to the election of office bearers of the soc iety on the ground that such election was conducted on the basis of defective vo ters list, inasmuch as the persons who are dead and not entitled to be included in the voters list, have been included apart from the ground that there was irre gularity in conducting the election. I have heard Mr DC Borah, the learned counsel for the petitio ners and Mr Talukdar, the Addl. Senior GA appearing for the respondents No.1-5. Also heard Mr J Adebin, the learned counsel appearing for the respondent No.7. N one appears for the respondent No.6. It has been contended by Mr DC Borah, the learned counsel fo r the petitioners that though under the provisions of the Assam Co-operative Soc ieties Act, 1949 and the Rules framed thereunder as well as the by laws of the c o-operative societies, it is incumbent upon the authorities to conduct the elect ion of the office bearers of the society on the basis of proper and valid voters list, the election was held on 26.10.2009 on the basis of defective voters list where the names of the dead persons as well as persons who are not entitled to be registered as voters appeared. It is also contented that there were certain i rregularities in conducting the election, which was held on 26.10.2009 and as su ch the proceeding dated 26.10.2009 may be declared as illegal. The learned couns el submits that a direction may be issued to hold a fresh election. Mr Talukdar, the learned Addl. Senior GA appearing for the re spondents No.1 to 5 has submitted that since the grounds on which the writ petit ioners have challenged the proceeding dated 26.10.2009 relate to defective voter s list and irregularity in conducting the election, these facts can be ascertain ed by the appellate authority as provided in the Assam Co-operative Societies Ac t, 1949. According to the learned Addl. Senior GA, the petitioners have not yet filed an appeal as provided under Section 80 of the Assam Co-operative Societies Act, 1949. Placing reliance on the averments made in the affidavit-in-oppositio n filed by the Assistant Registrar of Co-operative Societies (respondent No.5), it is also submitted that the allegations of the petitioners that the voters lis t was defective and that there were irregularity in conducting the election, abo ut which the petitioners also never complained, are not correct. Mr Adebin, the learned counsel appearing for the respondent No.7 ha s also submitted that since the present petitioner No.1 has contested the electi on, he cannot turn around and challenge the proceeding dated 26.10.2009 on the g rounds on which such proceeding has been challenged. It is also submitted by the learned counsel for the respondent No.7 that the dispute which are raised by th e writ petitioners are all disputed by the respondents by filing their affidavit -in-opposition and as such this cannot be decided in a writ proceeding. The petitioners have challenged the proceeding dated 26.10.2009 of the society in question by which the election of the office bearers of the M anaging Committee was held and the said proceeding was approved by the Assistant Registrar of Co-operative Societies vide order dated 09.11.09, as required unde r the provisions of the aforesaid Act and Rules framed thereunder. The petitione rs have challenged the election of the office bearers on the ground that there w as no proper voters list and the same was defective, inasmuch as the persons, wh o are dead and not entitled to be included in the voters list, have been include d and there was irregularity in conducting the election. Such disputed question of facts cannot be decided in a writ proceed ing for which appropriate forum would be the appellate forum as provided under S ection 80 of the Assam Co-operative Societies Act, 1949. The petitioners are yet to file an appeal before the appellate authority. In view of the aforesaid discussion, the writ petition i s disposed of giving liberty to the petitioners to file an appeal as required un der Section 80 of the Assam Co-operative Societies Act, 1949 within a period of three weeks’ from today and in the event, such appeal is filed by the petitioner s or by any one of them within the aforesaid period, the same shall be taken on record by the Registrar and shall be decided in accordance with law by a speakin g order. It is needless to say that while deciding the appeal, apart from the of ficial respondents, the persons, who were elected, must be given reasonable oppo rtunity of being heard. The writ petition is accordingly disposed of. No costs.