Judgment :- Subhashan Reddy, CJ. The question for consideration is whether election process, which has already started for electing the Board of Directors of a Marketing Federation, which has culminated into election meeting and the proceedings drawn thereto, can be set at naught by the Registrar of Co-operative Societies? 2. The matter arises under the Lacaadive, Minicoy and Aminidivi Islands Co-operative Societies Regulation, 1960. The above islands are within Union Territory Government of which is being run by an Administrator appointed by the Central Government. Lakshadweep Co-operative Marketing Federation Limited comprises of delegate members under Class-A consisting of Supply and Marketing Co-operative Societies dealing in agricultural produce and other communities and Class-B members belonging to other co-operative institutions and Class-C members are the members representing the residents of Union Territory of Lakshadweep. The management of the Federation is vested with the Board of Direction consisting of 17 persons, consisting of 10 from ‘A’ Class, two from ‘B’ Class and one from ‘C’ Class and the Managing Director to be appointed by the Administrator in consultation with the President of the Federation as also three Government nominees. Members of ‘A’ Class, as already stated above, are delegates from the Supply and Marketing Societies dealing with agricultural produce and other commodities. Question of election of the said members does not arise as they are delegates by virtue of their being members of the above co-operative societies. In so far as ‘B’ Class members are concerned, they are elected by members belonging to that Class and the same is the case with ‘C’ Class members. Out of 17 Directors mentioned above, there is election only among the representatives for two members from ‘B’ Class and one from ‘C’ Class while the general and comprehensive power vests in the general body. The Board of Management once elected holds office for two years and the previous Board has completed its term by March, 2004, but, they were continued until further orders till new management assumes office after election. A notification was issued on 12-8-2004 fixing the date of election of Board of Directors of the Federation on 12-9-1994. Returning Officer has been appointed by the Registrar of Co-operative Societies on 25-8-2004. In the general body meeting, which has been convened for election on 12-9-2004, agenda was the following: (i) To present the annual report of LCMMP. A notification was issued on 12-8-2004 fixing the date of election of Board of Directors of the Federation on 12-9-1994. Returning Officer has been appointed by the Registrar of Co-operative Societies on 25-8-2004. In the general body meeting, which has been convened for election on 12-9-2004, agenda was the following: (i) To present the annual report of LCMMP. (ii) To approve receipt and disbursement statement of LCMMP for 2001-2002 to 2003-2004. (iii) To approve the annual budget for 2004-2005. (iv) To elect Board of Directors for the term 2004-2006. (v) To discuss any other points with the permission of the Chairman. 3. As there was no President, a person was elected in the meeting. There were two contenders for the said post, namely, Melilapura Cheriyakoya and Koliyala Sayed Koya. Majority favoured the name of Mr. Sayed Koya to preside over the general body. The first three items of the agenda were discussed and resolutions were passed. Then came the turn of the Returning Officer and, firstly, there was a request to send out ineligible voters and dispute arose there as there was no decision taken and even to discuss as to who were eligible and ineligible voters as the Returning Officer had refused to give the voters list and it is stated that even the voters list was not published and no formalities like draft publication of voters list, invitation of objections and, then, finalization of voters list was followed. As there was pandemonium, hue and cry, the Returning Officer had left the meeting hall saying that the situation was such that election could not be held and that triggered further agitations from the members, and, observing that the situation was getting out of control, the Chairman had declared the General Body meeting as dissolved. The said proceedings recorded have been forwarded to the Registrar. The Managing Director accused the Returning Officer as responsible for the explosive situation because of the adamant stand of the Returning Officer. The Returning Officer by the report dated 30-9-2004 states otherwise. According to him, he was present in the meeting of General Body at 11. The said proceedings recorded have been forwarded to the Registrar. The Managing Director accused the Returning Officer as responsible for the explosive situation because of the adamant stand of the Returning Officer. The Returning Officer by the report dated 30-9-2004 states otherwise. According to him, he was present in the meeting of General Body at 11. a.m on 12-9-2004 and requested the Managing Director and Secretary to inform him when the agenda for election is taken up for discussion and at 2.45 p.m., the Secretary to hand over minutes of book for recording the proceedings of the election, and when some members in the meeting started shouting and went out of the meeting place, and the Managing Director and Secretary refused to hand over the minutes book to him and left the place, he conducted elections to the Board of Directors, and, to the posts of President and Vice President for the term 2004-2006 and the proceedings have been recorded in a separate sheet. The Registrar of Co-operative Societies, after examining the matter, comprehensively passed an order on 15-9-2004 and concurred with the report of the Chairman holding that there was no election held and that the Returning Officer’s report that election has been held, cannot be accepted. 4. Aggrieved by the same, writ petition has been filed. But, the learned Single Judge, on 8-10-2004, by comprehensive reasoning, held that inasmuch as the election was not held, the Registrar of Co-operative Societies was correct in ordering a fresh election on 10-10-2004, and, it is not disputed that as on date, the new Board of Directors elected in the meeting held on 10-10-2004 had been functioning ever since their election after electing even the President and Vice-President thereof. 5. Mr. M.K. Damodaran, learned senior counsel appearing for the appellant, submits that after the commencement of election process, the election can be set aside only by due process of law by an Election Tribunal and the Registrar of Co-operative Societies had absolutely no authority or jurisdiction to interfere in the matter, thus, rendering the entire election exercise as invalid. 5. Mr. M.K. Damodaran, learned senior counsel appearing for the appellant, submits that after the commencement of election process, the election can be set aside only by due process of law by an Election Tribunal and the Registrar of Co-operative Societies had absolutely no authority or jurisdiction to interfere in the matter, thus, rendering the entire election exercise as invalid. He cites the judgments rendered by the Supreme Court in State of Punjab and another v. Gurdial Singh and others, (1980) 2 SCC 471, Express Newspapers Private Limited & Others v. Union of India & Ors (1986) 1 SCC 133, Canara Bank and others v. Debasis Das and others, (2003) 4 SCC 557, and Indian Railway Construction Co. Ltd., v. Ajay Kumar, (2003) 4 SCC 579 in support of his contention. All the decisions cited by the learned counsel for the appellant relate to the judicial review of the administrative action and the necessity of compliance of audi alteram partem rule. 6. True, as contended by the learned counsel for the appellant, if the election has been conducted, the Registrar has no authority to set aside the election and the election could be set aside only by the Election Tribunal duly constituted thereof, and, by following such procedure as prescribed and after adhering to the principles of audi alteram partem. But, the very question is whether the election has been conducted or not. The election should be conducted in accordance with law, and, pursuant to the election notification, which has been issued. Voters list is a must for election and no Returning Officer can ever deny any voter of furnishing the voters list, or at least, showing the voters list. It is admitted by the Returning Officer himself that he was requested by the President of the meeting, Mr. Syed Koya to send out the ineligible voters, and, there was no response by the Returning Officer, excepting that Returning Officer sated that he has to conduct election class-wise according to the list handed over to him, and that, firstly, he has to conduct election of ‘A’ Class members. It is also admitted by him that some members in the meeting started shouting and went out of the meeting place. It is also admitted by him that some members in the meeting started shouting and went out of the meeting place. It has to be noted that the question of election of ‘A’ class members does not arise at all, as they are the delegates of the co-operative societies, which are the members of the Federation, and, all such delegate members are ex-officio, and, being the members of the primary societies, they are sent as delegate members by their respective co-operative societies, and the election is only among ‘B’ Class and ‘C’ Class members. Even according to the Returning Officer, Managing Director and Secretary and other members went out, and, if that be so, the question of election did not arise at all. That was the basis for the Registrar to hold that there was no election conducted by the Returning Officer and latter’s report that election has been conducted cannot be accepted. Further, when the General Body Meeting was dissolved and everybody went out, the question of Returning Officer being present with some ‘A’ Class members and conducting election did not arise at all. The election has to be conducted as aforesaid with the Minutes Book in his hand recording the minutes and authenticated by the persons concerned. The question of continuing the meeting with minuscule of members and drawing up of proceedings on a loose sheet cannot make out an election. In the circumstances, the learned Single Judge was correct in affirming the order of the Registrar of Co-operative Societies. In fact, it would have been appropriate for the appellant to have filed appropriate petition before the Election Tribunal seeking declaration that election has been held, but it is stated by the learned Single Judge, in his order, that the appellant persisted only in prosecuting the writ petition in spite of pointing out the said forum to be approached. If the election is conducted and the schedule announced, any irregularity in the election, and, as enumerated by the statute providing opportunity to file election petition, the only remedy is filing of the Election Petition, and, not otherwise. If the election is conducted and the schedule announced, any irregularity in the election, and, as enumerated by the statute providing opportunity to file election petition, the only remedy is filing of the Election Petition, and, not otherwise. If the election itself was not held, then, we cannot find fault with the Registrar of Co-operative Societies, who had initiated the process and who had been apprised of non-conduct of election, to investigate into the dispute and hold that election was not held on the basis of the material placed before him. In a writ petition or writ appeal, the High Court does not sit as an appellate authority, and, can only review as to whether the decision-making process of the authority is correct or not and going by the material on record and the manner in which the Registrar of Co-operative Societies dealt with the matter, we have no manner of doubt to hold that the Registrar of Co-operative Societies has correctly come to the conclusion that there was no meeting held, which has been rightly not interfered with by the learned single judge. Therefore, we do not find any ground to interfere with the order impugned herein, and, the writ appeal is dismissed. No costs.