WP(C) 4717/2009 BEFORE THE HON’BLE MR JUSTICE B.P. KATAKEY Heard Mr. Nair, learned counsel for the petitioner, Mr. Konwar, learned counsel appearing for the respondent No. 6 and the learned State counsel appeari ng for the respondent Nos. 1, 2 and 3. The petitioner, who filed the nomination for election as the Chairman of Pathari Samabai Samity Ltd., a society registered under the provisions of the A ssam Cooperative Societies Act, 1949 (for short the ’Act’), by the present petit ion, has challenged the proceeding dated 29.10.2009 whereby and whereunder the r espondent No. 6 has been elected as the Chairman of the said society after rejec tion of the nomination filed by the petitioner and another. According to the pet itioner though the nomination filed by him was in order in all respect the Elect ion Officer namely the respondent No. 5 has rejected his nomination without assi gning any reason, for which though he preferred an appeal before the appellate a uthority namely the Registrar, Cooperative Societies on 29.10.2009, as provided under Section 80 of the aforesaid Act, the said appeal has not been decided till date. The learned counsel appearing for the petitioner submits that the ground s on which the nomination papers of the petitioner has been rejected must be ref lected in the record and though the petitioner time and again asked for the reas ons the same have not been furnished to him. It has also been submitted that the appeal preferred under Section 80 of the Act has also not been decided by the a uthority. The learned State counsel appearing for the State respondents submits th at the legality and validity of the rejection of the nomination can be gone into in an appeal preferred before the appellate authority and if such appeal has no t already been decided the same shall definitely be decided by the Registrar aft er hearing the petitioner, the respondent No. 6 and also the officer who rejecte d the nomination filed by the petitioner. The learned counsel for the respondent No. 6 has also submitted that sin ce an appeal has been preferred the question as raised in the present petition c an very well be gone into in the said appeal by the appellate authority. Having regard to the submissions made by the learned counsel for the par ties and also keeping in view the issue raised which can conveniently be decided by the appellate authority in the statutory appeal filed under Section 80 of th e Act, this writ petition is disposed of directing the Registrar, Cooperative So cieties to decide the said appeal within a period of one month from the date of appearance of the parties as fixed by this Court provided such appeal has not al ready been decided. A copy of this order shall be furnished by the petitioner wi thin one week from the date of receipt of the order passed today before the said authority. In case the appeal has already been decided, the copy of the said or der shall be furnished to the petitioner immediately. The petitioner, respondent Nos. 5 and 6 shall appear before the Registra r, Cooperative Societies on 8.6.2011. The writ petition is accordingly disposed of. No cost.