WP(C) 3428/2010 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. M.U. Mondal, the learned counsel for the petitioner as well as Mrs. Phukan, the learned State counsel appearing for the respondent Nos.1 to 6. The petitioner, who claims to be the shareholder of Chakla Samabay Samit y Ltd., a society registered under the Assam Cooperative Societies Act, 1949, ha s challenged the notice dated nil, issued by the society for holding the Annual General Meeting and also the election on 18.06.2010, on the ground that the vote rs list published on 17.05.2010 is full of mistakes, as it contains the names of the dead persons as well as the persons who are not entitled to be the voters. Admittedly the voters list was published on 17.05.2010. The petitioner h as waited till the last moment to approach this Court and the Annual General Mee ting is scheduled to be held day after tomorrow i.e. on 18.06.2010. The question as to whether the voters list contains the names of the dead persons and the na mes of the persons who cannot be the voters of the society, is a question of fac t, which requires factual determination and can be done by the approving authori ty when the proceeding of the Annual General Meeting is placed before such autho rity for approval, as required under Rule 26 of the Assam Cooperative Society Ru les, 1953 framed under the provisions of Assam Cooperative Societies Act, in cas e such dispute is raised. In view of the above, I am not inclined to entertain the writ petition a t this stage and hence the writ petition is dismissed. It is, however, open to the approving authority to scrutinize that aspec t of the matter, if such dispute is raised, at the time of approval of the proce eding of the Annual General Meeting.