WP(C) 4503/2009 BEFORE HON’BLE MR JUSTICE BP KATAKEY Heard Mr. Saikia, learned counsel for the petitioner as well as Mr. Bora , learned State counsel for the respondent Nos. 1 to 3 and 5. The petitioner, by the present petition, has challenged the action on th e part of the Assistant Registrar of Co-operative Societies rejecting the nomina tion papers submitted by the petitioner to contest the election for the office o f Chairman of the Chariadeo Samabai Samity Ltd. According to the petitioner thou gh the Election Officer earlier accepted the nomination papers submitted by him the same has been rejected by the Assistant Registrar vide order dated 16.10.200 9 ignoring the fact that the petitioner is qualified to contest the election to the office of the Chairman of the said samity. The contention of the petitioner is that though the Assistant Registrar has no jurisdiction to reject the nominat ion papers having been accepted by the Election officer and also he being qualif ied to contest for the said office no order ought to have been passed by the Ass istant Registrar rejecting the same and that too without giving him any opportun ity of hearing. Admittedly, the election to the office of the Chairman has been held on 24.10.2009. Under Rule 26 of the Assam Co-operative Societies Rules framed under the Assam Co-operative Societies Act, 1949, the proceeding of the annual genera l meeting including the election is required to be approved by the approving aut hority. Such authority, therefore, at the time of approval is required to verify issue relating to the conduct of election including the grievance, if any, of t he petitioner. Since the election has already been held on 24.10.2009, the present writ petition is disposed of with liberty to the petitioner to approach the Assistan t Registrar of the Co-operative Societies, the approving authority, ventilating his grievances and in the event the petitioner approaches the said authority by day after tomorrow i.e. 30.10.2009, the same shall be considered and disposed of before taking the decision relating to the approval of the proceeding of the an nual general meeting including the election, if such approval has not already be en accorded. It is needless to say that in the event the approval has already been gr anted or the representation of the petitioner is ejected, it is open to the peti tioner to file appeal under Section 80 of the Act before the appellate authority since such order is appealable. The writ petition is accordingly disposed of. No cost.