WP(C) 3285/2009 BEFORE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. I.H. Borbhuyan, learned counsel for the petitioner as well as Ms. R. Chokraborty, learned Addl. Sr. Govt. Advocate. By means of this writ petition, the petitioners who are the members of t he particular Cooperative Society has challenged Annexure-4 order dated 30.05.09 by which the appeal preferred under Section 80 of the Cooperative Societies Act , 1949 against the approval of accorded to the formation of the Managing Committ ee and the minutes of AGM including election of the members, was dismissed. Acco rding to the petitioners there was large scale illegality in conducting the ele ction and consequently the minutes of the AGM could not have been approved by th e authority. Be it stated here that the petitioners duly participated in the ele ction /AGM without raising any objection and it was only after results were decl ared they felt aggrieved. In the counter affidavit filed by the respondents it has been stated by the Managing Committee was constituted from two categories from Part- I and Part -II. It has been stated that there was some mistake in inclusion of the names un der Part-I voter list. It is an admitted position that in the original roll thei r names were included in Part-II. In pagragraph-8 of the counter affidavit, it h as been stated that the petitioners never raised any objection before the Return ing Officer and it is only in the writ petition certain allegations of malpracti ce have been made. The minutes of the AGM was approved by the Assistant Registrar of the Cooperativ e Societies. The petitioner preferred an appeal under Section 80 of the Act. The appellate authority taking note of the submissions made by the parties and also on perusal of the records, has held that although there was some irregularity i n conducting the election, but the same by itself cannot render the same illegal . It has been observed in the impugned order dated 23.07.09 that having regard t o the requirement of holding the AGM some irregularities in conducting the same will not render the outcome of the same illegal. The appellate authority as well as the approving authority having accept ed the AGM/election, the writ Court exercising the power of judicial review unde r Article 226 of the Constitution of India cannot make a roving enquiry so as to sit on appeal over the findings arrived at by the Assistant Registrar of Cooper ative Societies followed by the appellate authority. For all the aforesaid reasons, I do not find any merit in the writ petit ion and accordingly the writ petition is dismissed.