WP(C) 3852/2009 BEFORE HON’BLE MR JUSTICE B.P.KATAKEY Heard Mr T. Das, learned counsel for the petitioner; Mrs Phukan, learned state c ounsel appearing for the respondent nos.1 to 4 and 6; Mr C. Baruah, learned coun sel for the respondent no.7; and Mr A. Sarma, learned counsel for the respondent no.8. None appears for the respondent no.5. The petitioner, who is a candidate for the post of chairman of Purb Tita bar Gaon Panchayat Samabai Samity, has filed the present petition praying for a direction to the official respondents to cancel the candidature of respondent no .8 for the post of chairman of the samity, contending that though his name was e nlisted as class-A shareholder, he having shifted his residence beyond the juris diction of the samity, is not entitled to contest the election. Such contention of the petitioner, however, has been refuted by the respondent n o.8 by filing affidavit-in-opposition contending inter alia that he is still a r esident of an area that falls within the jurisdiction of the samity and as such, is a class-A voter of the samity and his name having appeared in the list of sh areholders, he had contested the election for the post of chairman of the samity , the result of which, however, has not been declared in view of the pendency of the writ petition. Respondent no.7 in his affidavit-in-opposition filed has also contended in tune with the petitioner. Respondent no.4 in the affidavit-in-opposition has taken the stand that since there was no objection raised by any one relating to the candidature of respondent no.5 for the post of chairman, his nomination pape r was accepted. The petitioner by the present petition has sought to raise the dispute r elating to the place of residence of respondent no.8, which according to him, is beyond the jurisdiction of the samity, and on the other hand, according to resp ondent nos.7 and 8, the respondent no.8 is a resident within the jurisdiction of the samity. The aforesaid disputed question of fact cannot conveniently be decided i n this writ proceeding. Since the election to the office bearers including the c hairman of the samity has already been held, the present writ petition is dispos ed of with a direction to the respondent authorities to declare the result of th e election. The samity thereafter naturally has to send the proceedings to the c ompetent authority for approval under Rule 26 of the Assam Co-operative Societie s Rules, 1953, as amended. The approving authority, while considering the propos al of the samity for approval, shall look into the grievance of the petitioner i n that regard and take a decision relating to the approval or otherwise. Needles s to say that while deciding the proceeding, all concerned shall be given reason able opportunity of being heard. Writ petition accordingly stands disposed of. No costs.