WP(C) 2671/2008 BEFORE HON’BLE MR.JUSTICE H BARUAH Heard Mr. AM Borbhuiya, learned counsel for the petitioner. Also heard Mr. MH Ra jborbhuiya, learned counsel for private Respondent No.7. None appears for and on behalf of Respondent Nos.1 to 6. Having considered the issue involved in this writ petition, this Court proposes to dispose of the same by the instant order in absentia of the learned counsel r epresenting the State-Respondents. By this writ petition, the petitioner has challenged the order dated 21.6.2008 p assed by the Zonal Joint Registrar of Co-operative Societies, Cachar & Karimganj at Silchar by which the concerned Returning Officer of Mangalpur Bowalihwar Co- operative Society limited was directed to allow the private Respondent No.7 to c ontest the election for the post of Chairman of the Managing Committee of the Ma ngalpur Bowalihwar Co-operative Society Limited, Cachar to be held on 29.6.2008, whose nomination was considered and rejected on the ground of disqualification by the Returning Officer. Having been constituted two parallel Ad-hoc Managing Committees by the Departmen t concerned for Mangalpur Bowalihwar Co-operative Society Limited, Cachar, one h eaded by the petitioner herein and the other by the private Respondent No.7 with direction to hold/convene Annual General Meeting to constitute the permanent Ma naging Committee of the Society within 90(ninety) days, the writ petitioner, bei ng aggrieved thereby, preferred writ petition, being WP(C) 5688/06, before this Court challenging the constitution of the 2nd Ad-hoc Committee constituted vide order dated 11.10.2007 headed by Private Respondent No.7. The said writ petition was disposed of by this Court with a direction to the Registrar of Co-operative Societies, Assam to ensure election of the concerned Society through a responsi ble officer of the department. In compliance with the direction of this Court, o ne Mr. MI Choudhury, a Senior Co-operative Inspector was appointed as Returning Officer for the purpose. Accordingly, a notice dated 13.6.2008 was issued for ho lding of election of the Society on 29.6.2008 notifying 18.6.2008 as a date for submission of the nomination and for rejection/withdrawal of the nomination. Pursuant to the notification, so issued, the petitioner herein and the private r espondent No.7 submitted their nominations for election as Chairman of the Socie ty. The Returning Officer after scrutiny of the nomination papers supported by d ocuments and after hearing the candidates rejected the nomination filed by the P rivate Respondent No.7 on the ground of disqualification by an order dated 20.6. 2008 (Annexure-6 to the writ petition). The private Respondent No.7, being aggrieved thereby, filed a complaint before t he Zonal Joint Registrar of Co-operative Societies, Cachar & Karimganj at Silcha r (Respondent No.4). The Respondent No.4 by an order dated 21.6.2008 allowed the private Respondent No.7 to contest the election and accordingly directed the Re turning Officer to allow him to contest the election. Having been ordered thus, the petitioner feeling aggrieved preferred this writ petition challenging the le gality and correctness of the order passed by the Respondent No.4. Mr. AM Borbhuiya, learned counsel appearing for the petitioner, during his cours e of argument, submits that the private respondent No.7 having been disqualified in contesting the election by the Returning Officer, the impugned order passed by the Respondent No.4 is without authority of law and as such he cannot be allo wed to contest the election for the post of Chairman of the said Co-operative So ciety. Referring to the provisions of Section 16 of the Assam Co-operative Socie ties Act and Rules, it is submitted by Mr. Borbhuiya that no member of a registe red Society shall exercise his right as a member unless and until he has made hi s payment in respect of the Membership and acquires interest in the Society as m ay be prescribed by the Act and Rules. It is argued by Mr. Borbhuiya that the pr ivate Respondent No.7 being a defaulter, he has been disqualified by the Returni ng Officer in contesting the election. Further, Mr. Borbhuiya also referring to the provisions of the Bye-laws, in particular, Rule 22 of the said Bye-laws, sub mits that no person shall be eligible for election or for continuance as a membe r of the Managing Committee if he is a defaulter to the Society. It is submitted by Mr. Borbhuiya that the Returning Officer of the proposed election of the Cha irman of the Society rightly rejected the nomination filed by the private Respon dent No.7 since the private Respondent No.7, who was considered as a defaulter t o the Society. There is no provision in the Act and Rules as well as Bye-laws th at the Zonal Joint Registrar of the Co-operative Societies (Respondent No.4) is authorized to give an overriding view/decision over the decision of the Returnin g Officer of the election. In that view of the matter, it is submitted by Mr. Bo rbhuiya that the acts resorted to by the Respondent No.4 allowing the private re spondent No.7 to contest the election and issuance of a direction to the Returni ng Officer to allow the said Respondent No.7 to contest the election cannot be r egarded as an approval in accordance with law. Section 80 of the said Act provid es for preferring an appeal against any order passed under the Act. The election , which is proposed to be held on 29.6.2008, is an act within the provisions of the Assam Co-operative Societies Act and Rules and therefore, the order of the R eturning Officer in rejecting the nomination of the private Respondent No.7 is a n order within the provisions of this Act and Rules. Having provided a statutory provision for preferring an appeal against any order passed under this Act and Rules, the Respondent No.7 ought to have approached the appellate authority, i.e ., Registrar of Co-operative Societies, Assam against the order passed by the Re turning Officer. But the Respondent No.7 failed to adhere to the provisions of S ection 80 of the Act. It is nowhere found from the Act and Rules that the Zonal Joint Registrar of the Co-operative Societies has the authority to pass such an order in relation to a proposed election or in the context of scrutinization of the nominations so filed by the candidates. In the affidavit, which has been filed by the private Respondent No.7, it is now here found that the Zonal Joint Registrar of the Co-operative Societies is autho rized to pass such an order in relation to an election of the Co-operative Socie ty. The Zonal Joint Registrar of the Co-operative Societies being not an appella te authority under the Act and Rules, the impugned order passed by the Zonal Joi nt Registrar is beyond his jurisdiction. Mr. MH Rajborbhuiya, learned counsel for the private Respondent No.7 during his course of argument failed to lead this Court through any provision of the Act an d Rules authorizing the Respondent No.4 to pass such an order. In view of the facts contended in this writ petition and the substantive provisi ons of the Act and Rules, it appears that the Respondent No.4 passed the impugne d order without any authority whatsoever. The impugned order, so passed, by the Respondent No.4, according to the opinion of this Court, cannot sustain in law. The impugned order is accordingly set aside. No order as to cost. Respondent No. 5 is accordingly directed to conduct the election in accordance with law. With the above observation and direction, this writ petition is disposed of.