WP(C) 2445/2010 BEFORE THE HON’BLE MR. JUSTICE RANJAN GOGOI Heard Mr. AM Mazumdar, learned senior counsel for the writ petitioner an d Mr. HRA Choudhury, learned senior counsel appearing for the Respondent No.7. The writ petitioner is aggrieved by the election held to the Managing Co mmittee of the Fakirganj Airkata Samabai Samity Limited in the Annual General Me eting held on 18.4.2010 for the year 2010-2011. According to the petitioner, the re were serious anomalies in the election held which had vitiated the result of the election in which, amongst others, the Respondent no.7 has been declared to have been elected as the Chairman of the managing Committee of the Fakirganj Air kata S.S. Ltd. Accordingly, interference has been prayed for in this writ petiti on. Under the provisions of Rule 26 of the Assam Cooperative Societies Rules , the proceedings of the meeting of the General Assembly is required to be submi tted to the Registrar of Cooperative Societies or to the person(s) nominated in this regard for due approval. Rule-26 specifically provides that unless approval is accorded, the proceedings of such meetings are not valid. The Model Bye-laws governing the matter indicate that such approval of the Registrar or his nomine e is required to be accorded within 15 days of the date of election. As under the statutory rules framed, the result of the election in respe ct of which the petitioner has raised a grievance is yet to take effect and the Registrar or his nominee is required to accord approval to the said proceedings, after due application of mind, the Court is of the view that this writ petition is premature. Only if the Registrar or his nominee grants approval under Rule-2 6, the petitioner can be understood to have a legitimate cause for grievance. Mr. AM Mazumdar, learned senior counsel for the petitioner has submitted that the petitioner has already filed a representation before the Registrar hig hlighting the anomalies that had taken place in the election held on 18.4.2010. Even in the absence of any such representation, the Registrar or his nominee wil l be required to decide on the matter of grant of approval or otherwise by havin g regard to the relevant facts and circumstances surrounding the holding of the election. However, as a representation has already been filed highlighting the f acts which are considered relevant by the petitioner, which facts even otherwise the Registrar or his nominee is obliged to take into consideration, the Court i s of the view that this writ petition should be disposed of with a direction to the Registrar or his nominee to decide on the question of approval or otherwise of the proceedings of the Annual General Meeting of the Fakirganj Airkata Samaba i Samity Limited held on 18.4.2010 upon due consideration of the representation submitted by the petitioner and all other relevant facts and circumstances. The Registrar or his nominee shall so decide the matter at the earliest. The petitio ner, if he continues to feel aggrieved by such orders as may be passed by the Re gistrar or his nominee, will be at liberty to avail of such remedies as may be o pen to him in law. With the foresaid direction, the present writ petition is disposed of.