JUDGMENT I.A. Ansari, J. 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 Cooperative Society wherein the Petitioner in W.P. (C) No. 2490/08 was elected to the office of the Chairman of the above referred cooperative 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. 4. The learned Judge by the judgment under appeal recorded a finding that "no person has come forward to challenge the election on the ground that his name is not included in the voters list". It is also recorded by the learned Judge that subsequent to the election an appeal was preferred to the Registrar of Co-operative Societies by some persons which resulted in an enquiry by the Registrar and the Registrar recorded a finding that there was some irregularities in preparation of the voters list. The finding of the learned Judge in this regard is as follows: After the election was over, few persons submitted an appeal to the Registrar of Cooperative Societies alleging malpractices on the ground that votes were cast in the names of dead persons. To ascertain the aforesaid allegations, an enquiry was held by an Inspector of the Societies, wherein it has been observed that there were certain irregularities in preparation of the voters list. To ascertain the aforesaid allegations, an enquiry was held by an Inspector of the Societies, wherein it has been observed that there were certain irregularities in preparation of the voters list. However, the Enquiry Officer has not given any exact figure as to how many bogues votes were included in the voters list, nor is there any finding that the number of bogues votes exceeded the difference of votes polled between returned candidates and defeated candidates. Be that as it may, the alleged anomaly in the voters list cannot be said to be a malpractice at the instance of the elected members. It also appears from the documents annexed to the writ petitions and the affidavits that before holding the election notices were duly issued inviting objections regarding preparation of voters list etc. Hence, I do not find any justifiable ground to withhold the approval of the Managing Committee. 5. The findings recorded by the learned Judge extracted above are not in dispute in the present appeal. Therefore, the admitted factual position is that though there is a finding of irregularity in preparing the voters list what exactly is the nature of the irregularity is not very clear. The allegations is that some dead person's names were included in the voters list. Whether it is a fact or not is a matter to be ascertained on an appropriate enquiry into the matter on evidence. The learned Counsel for the Appellant also submitted that in the appeal preferred to the Registrar it is also alleged by the Appellant herein that apart from the names of different persons figuring in the voters list names of some persons who are, ineligible to be voters also figures in the voters list. The correctness or otherwise of the allegations depends upon ascertainment of fact which necessarily requires evidence to be examined. This Court in exercise of the jurisdiction under Article 226 of the Constitution does not normally embark upon such an enquiry into the questions of fact. 6. Apart from that the mere irregularity in the preparation of the voters list, in our opinion, does not per se result in invalidation of the election. No statutory provision is brought to out notice to establish that the mere irregularity in preparation of the voters list would invalidate the result of the election. 6. Apart from that the mere irregularity in the preparation of the voters list, in our opinion, does not per se result in invalidation of the election. No statutory provision is brought to out notice to establish that the mere irregularity in preparation of the voters list would invalidate the result of the election. On the other hand logically only such irregularities which materially alter the result of the election, in our view, would vitiate the election. Whether the irregularities as such have materially altered the result of the election once upon depends on various facts to be determined upon evidence. 7. Looked from any angle, we do not see any reason to interfere with the conclusion reached by the learned Judge in dismissing the WP (C) No. 2490/08 or the conclusion of the learned Judge directing the Registrar to grant necessary approval for the election in dispute. 8. In the circumstances the appeal is dismissed at the admission stage. It is open for the Appellant to seek such remedies as may be available to him for adjudication of the above mentioned disputed questions of fact. 9. The Misc Case No. 861/09 also stands dismissed. Appeal dismissed