WP(C) 2792/2007 BEFORE THE HON’BLE MR JUSTICE AMITAVA ROY Heard Mr. C Baruah, learned counsel for the petitioner and Mr. Roy, learned Stat e counsel for the official respondents. Having regard to the relief prayed for and as agreed to by the learned counsel f or the parties, I dispose of the petition at the motion stage. For the order, which I propose to pass, I do not consider it necessary to issue notice on the respondent No. 5. Facts in brief essential for the order proposed, are that the election to the Ma naging Committee of the Uttar Bajali Samabai Samiti Ltd. (hereafter also referre d to as the ’Samiti’), was scheduled to be held on 27.05.2007. The petitioners, who are the shareholders of the Society, on the date of the election, noticed g ross anomalies and discrepancies in the voter list. Though, they brought the ab ove fact to the knowledge of the Assistant Registrar of Co-operative Societies, Barpeta and sought postponement of the election, their request was not attended to. The proceedings of the election scheduled to be held, are presently lying w ith the Assistant Registrar, Co-operative Societies, Barpeta. According to the petitioners, no approval so far has yet been accorded. In the meantime, being a ggrieved by the election on the basis of defective voter list and anomalies in the proceeding thereof, the petitioner has filed a statutory appeal under sectio n 80 of the Assam Co-operative of Societies Act, 1949, before the Registrar of C o-operative Society, Assam, which is pending for disposal. The learned counsel for the petitioner, has urged that in the facts and circumst ances of the case, this petition may be closed with a direction to the Registrar of Co-operative Society, Assam to dispose of the petitioners’ appeal on merit a nd till then, the Assistant Registrar of Co-operative Societies, Barpeta may be restrained from granting approval to the proceeding of the impugned meeting. Mr. Roy, has no objection to the course suggested. Upon hearing the learned counsel for the petitioner and the documents appended t o the petition, I am of the view, having regard to imputations made in the appea l petition, that the prayer made on behalf of the petitioner is reasonable. Th is petition is therefore, closed with a direction to the Registrar of Co-operati ve Societies, Assam to hear and dispose of the petitioners’ appeal on merits wit hin a week from the date of receipt of the certified copy of this order. The petitioner would file a copy of this order before the aforementioned authori ty within a week herefrom. Pending disposal of the appeal, it is provided that the Assistant Registrar of Co-operative, Societies, Barpeta, would not approve t he proceeding of the meeting of the Society held on 27.05.2007. No costs.