WA 146/2010 BEFORE THE HON’BLE MR. JUSTICE RANJAN GOGOI THE HON’BLE MR. JUSTICE B.P. KATAKEY (By Ranjan Gogoi, J.) Heard Mr. AB Choudhury, learned counsel for the appellant. The Annual General Meeting of the Takimari Samabai Samity Limited was he ld on 25.10.2009. In the said General Meeting, the election to the Managing Comm ittee of the said Samabai Samity was also held. The respondent-writ petitioner M ohammad Ali as well as the present appellant Md.Monir Uddin Ahmed were candidate s for the post of Chairman of the Managing Committee. The result of the election could not be declared for reasons which are disputed and, therefore, need not b e recited. Several writ petitions i.e. W.P.(C) Nos.4676 of 2009, 4908 of 2009, 1 757 of 2010 and 4837 of 2010 were instituted by interested parties with regard t o holding of election and the declaration of the result. All the aforesaid writ petitions are pending. In such a situation, the Registrar of Co-operative Societ ies, by the order dated 19th April, 2010 constituted an ad-hoc body consisting o f the appellant as the Chairman and certain other persons as Members. The afores aid order dated 19th April, 2010 was put to challenge in W.P.(C) No.2593 of 2010 . The learned Single Judge by order dated 7.5.2010 issued a direction restrainin g the appellant and three other members of the ad-hoc body from functioning. Agg rieved, this appeal has been filed by the appellant who was impleaded as Respond ent No.4 in the writ petition i.e. W.P.(C) No.2593 of 2010 The three other Members who were restrained from functioning by the lear ned Single Judge by order dated 7.5.2010 are not parties to the present appeal. The Court, therefore, would not be required to go into the cases of the said per sons and has to confine itself to the validity of the restraint order passed by the learned Single Judge in respect of the appellant. In other words, as the pre sent appeal has been filed only by Respondent No.4 in W.P.(C) No.2593 of 2010, i t is the grievance of the aforesaid respondent alone that has to be considered i n the appeal before us. The appellant was a candidate for the post of Chairman of the Managing C ommittee of the Samabai Samity and the dispute is with regard to the conduct of the elections leading to a situation where the result could not be declared. Fou r writ petitions are presently pending before this Court on the said issue. The ad-hoc Committee constituted by the order dated 19th April, 2010, therefore, in our considered view, should not have included the appellant as the Chairman. The constitution of the ad-hoc body by the order dated 19th April, 2010 definitely was within the power of the Registrar of Cooperative Societies. Howev er, in deciding on the composition thereof, the Registrar ought to have taken ca re to ensure that the said ad-hoc body should consist of persons who are not par ties to the dispute. As the appellant was one of the contesting parties for the post of Chairman and he was also an interested party in the pending proceedings before this Court, details of which have already been noted, we are of the view that the restraint order passed by the learned Single Judge in so far as the app ellant is concerned is justified. We, therefore, did not consider the present to be a fit case for admissi on. The appeal is accordingly dismissed. No costs.