JAINALUDDIN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Aggrieved by a common judgment dated 13.3.09 in W. P. (C) Nos. 2470/08 and 2490/08 the petitioner in W. P. (C) No. 2470/08 [who was also the respondent in W. P. (C) No. 2490/08] has preferred the present appeal.

(2.) The appellant herein challenged the election of a Managing Committee of a Co- operative Society wherein the petitioner in W. P. (C) No. 2490/08 was elected to the office of the Chairman of the above referred co-operative society under Section 32 of the Assam Co-operative Societies Act and the Rules framed thereunder. The result of such an election is required to be approved by the Assistant Registrar of Co-operative Societies in view of the provision under Rule 26 of the Rules framed under the above mentioned Act. Therefore, the writ petition in W. P. (C) No. 2490/09 was filed seeking a mandamus to the Registrar to confer such an approval for the election.

(3.) The grievance of the appellant is that the election referred to above was conducted on the basis of a defective voters list on the ground that some persons who were not eligible to be included in the voters list have been included in the voters list. Therefore, according to the appellant the election is invalid election and consequentially the Registrar could not be compelled to accord approval for the election.