WP(C) 1102/2010 BEFORE THE HON’BLE MR JUSTICE TNK SINGH As prayed for and agreed to by learned counsel for the parties, this writ petiti on is taken up for disposal at this stage. Heard Mr.SC Biswas, learned counsel for the petitioner, Mr.M.Kha n, learned counsel for respondent No.8 as well as Mr.Roy, learned GA appearing o n behalf of respondent Nos.1 to 6. Respondents have filed their affidavit in opposition. By this writ petition, the petitioner is assailing the election of Managing Committee of Mankachar Samabay Samitee Ltd held on 20.12.2009. Admit tedly the Returning Officer of the said election was the Assistant Registrar of Co Operative Societies. In the present writ petition, the petitioners have made various assertions and allegations that there are irregularities in the said ele ction of the Managing Committee held on 20.12.2009. By filing affidavit in oppos ition, respondents are denying the said allegations and assertions made by the p etitioner in the writ petition. Section 80 of the Assam Cooperative Societies Act, 1949 provides that appeal shall lie to the registrar against the decision made, under the Act and Rules framed thereunder, by any Government officer. As the said election of the Managing Committee was conducted by the Assistant Registrar as Returning Of ficer, the appeal shall lie to the Registrar, against the said election, accordi ng to Mr.SC Biswas, learned counsel for the petitioner. Learned counsel for both sides are not disputing that appeal lie to the Registrar. Considering the submission of learned counsel for the parties an d also as there is statutory appeal provided in the Assam Co operative Societies Act, 1949, petitioner is directed to file appeal against the said election to t he Registrar, Co Operative Society. The time period spent by the petitioner in p ursuing the present writ petition shall be excluded while calculating limitation , if any, for filing appeal to the Registrar. It is made clear that in case the petitioner file appeal to the Registrar, Co operative Societies, it shall be finally disposed of after giving opportunity to the parties within two months from the date of receipt of the app eal. The writ petition is disposed of with the above observation and direction.